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An individual was convicted on higher court review of raping Gisele Pelicot following she was sedated by her spouse – and was given his incarceration period increased to 10 years.

Higher Court Case

The defendant, forty-four, an unemployed builder, who had challenged his first conviction last year, underwent a appeal hearing this week at the appeals court in Nîmes.

A panel of five men and four women, joined by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her bedroom in southern France in the early hours of 29 June 2019.

The evidence showed that Dogan, a married father, made contact with the victim's then husband, the husband, in an online chatroom named “without her consent”, where Pelicot was recruiting men to enter his residence to assault his wife once he had sedated her into a comatose state.

“We hope the court will affirm that in this country, fundamental rights are also rights of women – that agreement is individual, not given by another,” said Gisèle Pelicot’s attorney, her legal representative. “Consent is secured personally and not by proxy from a husband.”

Background

The ex-husband, one of the worst sexual predators in recent French history, was given a prison term to 20 years in prison last year for sedating his spouse and soliciting dozens of men to sexually assault her in her home in the Provence village of the village of Mazan over a duration of almost a decade of their marriage.

Numerous other individuals were found culpable in a widely publicized trial last year, and the appellant was the single defendant to contest his sentence. He was first given a sentence to nine years in prison, a penalty increased on Thursday to a decade.

The chief prosecutor, the prosecutor, had argued he should serve 12 years, because he “stubbornly rejects to take any blame”.

Courtroom Details

The defendant had initially sent the husband graphic images and then driven an hour from his village in the region to rape Gisèle Pelicot, after telling his wife he was stepping out, the evidence indicated.

The ex-husband, who was transported from isolation in prison to temporarily give evidence at the hearing, informed the court that the accused had been aware his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a central issue for a broader debate on sexual violence norms in society as the defendant continued to assert he was not guilty and had not engaged in violation, arguing that because the victim's husband had allowed him into the residence, his actions had been justifiable.

The jury in the Nîmes appeals court was shown visual proof of Gisèle Pelicot’s unresponsive form, unconscious and snoring in a unconscious condition, while a grinning the perpetrator engaged in violation on several occasions over a duration of what police said was three and a half hours. The judge said she had been at risk of death by choking. The prosecution said there was no question that she had been incapacitated and had not agreed.

Defendant's Statements

The defendant told the court the footage were simply “intimate moments” and disputed it was rape. He said what he did was “a sexual act”, not assault. He stated the court: “I did not commit rape.” He said the victim's husband had invited him to the residence, and therefore it was permissible. He said he was deceived by the husband. “I tried to halt,” the accused stated to the court. “I continued because he convinced me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to harm that individual.”

Victim's Response

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by onlookers assembled to support her, said to the defendant in court: “You do not grasp. When will you acknowledge you violated me? It is illegal to rape an unaware woman. How could I have give you agreement? At no time.”

The victim, seventy-two, became an global icon after she relinquished her right to confidentiality in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “Guilt has not shifted. The public is possibly in the midst of that, maybe propelled by the societal understanding resulting from the publication of your situation.”

The prosecutor said the defendant's claims of non-guilt showed how societal tolerance was still common in society as part of “outdated” forms of “male domination”. He said: “Now we must change the culture of violence to a society based on agreement.”

Sie told the defendant: “While you deny it, it’s not just a person, it’s an whole unpleasant societal structure that you are supporting.”

Personal History

Dogan was originated from Turkey and at the age of five came to France, where his father worked as a concierge. The evidence indicated that his parent was violent and that the defendant began consuming marijuana at the age of ten. When Dogan was seventeen he was apprehended by police for drug trafficking and his father kicked him out the family house. He served time in prison for trafficking in his young adulthood and had worked as a laborer but had faced periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the main caregiver for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had regular sexual encounters beyond their union. His legal team said this was his method of dealing with his difficult circumstances. Dogan had informed a court psychologist that annually he sought paid sex on his special day. His attorneys stated to the court he had a medical condition caused by the pressure of the original case.