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An individual has been found guilty on higher court review of sexually assaulting Gisele Pelicot following she was sedated by her spouse – and has had his jail term extended to a decade.

Retrial Proceedings

The defendant, 44, an unemployed builder, who had appealed his first conviction last year, underwent a appeal hearing this week at the higher court in Nîmes.

A panel of four women and five men, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her home in southern France in the morning of June 29, 2019.

The court heard that the accused, a married father, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform named “without her knowledge”, where Pelicot was seeking men to visit his house to assault his wife after he had rendered her unconscious into a comatose state.

“We hope the jury will say loud and clear that in this society, human rights are also rights of women – that permission is individual, not transferred,” said the victim's lawyer, her legal representative. “Consent is obtained personally and not through someone else from a spouse.”

Context

The husband, a notorious sexual predators in modern French history, was given a prison term to two decades in prison last year for sedating his wife at the time and soliciting numerous individuals to sexually assault her in her home in the community of the village of Mazan over a span of nearly ten years of their marriage.

Fifty other men were found guilty in a high-profile trial last year, and Dogan was the single defendant to challenge his conviction. He was first sentenced to 9 years in prison, a penalty raised on Thursday to ten years.

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

Testimony and Proof

Dogan had first sent the husband sexually explicit photos and then traveled an hour from his town in the region to assault Gisèle Pelicot, after telling his wife he was leaving, the evidence indicated.

Pelicot, who was brought from solitary confinement in prison to temporarily provide testimony at the retrial, informed the court that the accused had been aware his wife had been “drugged” and he communicated to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a key topic for a larger conversation on rape culture in society as Dogan continued to claim he was not guilty and had not engaged in violation, contending that because the victim's husband had welcomed him into the residence, his behavior had been justifiable.

The jury in the higher court was displayed recorded footage of the victim's unresponsive form, sedated and snoring in a comatose state, while a smiling the perpetrator engaged in violation multiple times over a duration of what investigators stated was three and a half hours. The court official said she had been at danger of death by suffocation. The prosecution said there was absolute certainty that she had been incapacitated and had not given permission.

Accused's Testimony

Dogan informed the court the recordings were simply “intimate moments” and rejected it was rape. 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 invited him to the residence, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I attempted to cease,” Dogan informed the court. “I carried on because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to harm that lady.”

Victim's Response

Gisèle Pelicot, who was applauded upon leaving court each day by supporters gathered to back her, addressed Dogan in court: “You fail to comprehend. When will you admit you violated me? It is illegal to rape an incapacitated woman. At what point did I give you permission? Never.”

The victim, seventy-two, became an international feminist hero after she relinquished her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s refusal to take accountability showed that: “Guilt has not shifted. Society is possibly in the course of that, perhaps propelled by the public consciousness brought by the exposure of your case.”

The prosecutor said the defendant's claims of non-guilt showed how rape culture was still common in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change rape culture to a ethos of permission.”

The prosecutor addressed the defendant: “As long as you deny it, it’s not just a person, it’s an complete sordid social system that you are upholding.”

Defendant's Background

Dogan was originated from 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 consuming marijuana at the age of 10. When he was 17 he was apprehended by authorities for selling narcotics and his father forced him to leave of home. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a laborer but had undergone periods of homelessness.

He was married and had a child with Down’s syndrome, who he was the principal carer 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 strategy for managing with his challenging existence. Dogan had stated to a mental health expert that each year he looked for paid sex on his special day. His attorneys informed the court he had arthritis caused by the pressure of the first trial.