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An individual was declared guilty on higher court review of sexually assaulting Gisèle Pelicot after she was rendered comatose by her spouse – and received his jail term extended to a decade.

Retrial Proceedings

Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, experienced a appeal hearing this week at the appeals court in Nîmes.

A panel of five men and four women, joined by three judges, found Dogan guilty on Thursday of raping the victim in her bedroom in the south of France in the morning of 29 June 2019.

The evidence showed that the accused, a married father, made contact with Gisèle Pelicot’s spouse, the husband, in an online chatroom named “unbeknownst to her”, where Pelicot was recruiting men to enter his residence to rape his wife after he had drugged her into a unconscious state.

We expect the jury will say loud and clear that in this nation, fundamental rights are also women’s rights – that agreement is individual, not transferred,” stated Gisèle Pelicot’s lawyer, her legal representative. “Consent is received directly and not by proxy from a husband.”

Context

The ex-husband, one of the worst sex offenders in recent French history, was handed a sentence to two decades in prison last year for incapacitating his then wife and inviting numerous individuals to sexually assault her in her home in the Provence village of the village of Mazan over a duration of many years of their union.

Numerous other individuals were found guilty in a high-profile trial last year, and the appellant was the only man to challenge his sentence. He was first given a sentence to 9 years in prison, a punishment increased on Thursday to a decade.

The chief prosecutor, the prosecutor, had argued he should serve 12 years, because he “completely denies to take any accountability”.

Testimony and Proof

Dogan had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his village in the region to rape Gisèle Pelicot, after notifying his wife he was going out, the court heard.

Pelicot, who was brought from segregation in prison to briefly testify at the hearing, informed the court that Dogan had understood his wife had been “drugged” and he communicated to men by phone: “I seek someone to assault my wife after I’ve put her to sleep without her knowledge.”

The trial became a key topic 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, contending that because the victim's husband had invited him into the bedroom, his behavior had been acceptable.

The panel in the higher court was displayed recorded footage of Gisèle Pelicot’s limp body, comatose and snoring in a comatose state, while a smiling the perpetrator performed assault repeatedly over a duration of what investigators stated was three and a half hours. The judge said she had been at peril of fatal outcome by asphyxiation. The prosecution said there was no doubt that she had been unaware and had not consented.

Accused's Testimony

The defendant informed the court the footage were simply “sexual encounters” and disputed it was assault. He said what he did was “an intimate behavior”, not rape. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was permissible. He said he was influenced by the husband. “I wanted to stop,” the accused informed the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to hurt that lady.”

Victim's Response

The survivor, who was supported upon exiting the courtroom each day by supporters gathered to stand with her, told Dogan in court: “You fail to comprehend. When will you admit you raped me? It is illegal to assault an unaware woman. When did I ever give you consent? Not once.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said Dogan’s unwillingness to take responsibility showed that: “The shame remains. Society is maybe in the course of that, perhaps propelled by the collective awareness brought by the exposure of your case.”

The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

Sie told Dogan: “While you refuse to admit it, it’s not just a woman, it’s an entire unpleasant cultural framework that you are supporting.”

Personal History

The accused was born in Turkey and at the age of 5 relocated to the nation of France, where his father worked as a caretaker. The testimony revealed that his father was aggressive and that Dogan began using drugs aged 10. When he was seventeen he was caught by authorities for selling narcotics and his parent forced him to leave of home. He served time in prison for trafficking in his early 20s and had worked as a builder but had faced periods of being unhoused.

He was wed and had a son with special needs, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The testimony revealed his spouse did not know he had regular extramarital activities beyond their marriage. His defence said this was his method of dealing with his difficult circumstances. The defendant had told a court psychologist that once a year he engaged in paid sex on his birthday. His legal representatives stated to the court he had arthritis resulting from the pressure of the first trial.