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An individual was declared guilty on higher court review of sexually assaulting Gisèle Pelicot following she was sedated by her spouse – and was given his incarceration period extended to a decade.

Retrial Proceedings

The defendant, 44, an out-of-work construction worker, who had appealed his first conviction last year, experienced a retrial this week at the higher court in Nîmes.

A panel of four women and five men, joined by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her residence in southern France in the morning of June 29, 2019.

The court heard that Dogan, a married father, made contact with the victim's husband at the time, the husband, in an internet forum called “unbeknownst to her”, where Pelicot was recruiting men to enter his residence to rape his wife after he had rendered her unconscious into a unconscious state.

We expect the jury will say loud and clear that in this society, fundamental rights are also rights of women – that consent is personal, not given by another,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is received directly and not by proxy from a spouse.”

Context

The husband, one of the worst sex offenders in France's contemporary records, was given a prison term to two decades in prison last year for drugging his then wife and soliciting multiple perpetrators to rape her in her home in the town of Mazan over a period of nearly ten years of their union.

Fifty other men were found guilty in a high-profile trial last year, and the appellant was the only man to appeal against his verdict. He was first sentenced to 9 years in prison, a sentence enhanced on Thursday to ten years.

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

Testimony and Proof

The defendant had initially sent the husband sexually explicit photos and then traveled an hour from his village in Provence to assault Gisèle Pelicot, after informing his wife he was stepping out, the evidence indicated.

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

The trial became a central issue for a broader debate on sexual violence norms in society as the defendant continued to say he was innocent and had not engaged in violation, stating that because Gisèle Pelicot’s husband had invited him into the bedroom, his conduct had been justifiable.

The panel in the higher court was shown recorded footage of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a comatose state, while a smiling the perpetrator performed assault on several occasions over a duration of what authorities reported was several hours. The judge said she had been at risk of death by choking. The prosecution said there was absolute certainty that she had been unconscious and had not agreed.

Accused's Testimony

Dogan informed the court the recordings were simply “intimate moments” and disputed it was rape. He said what he did was “an intimate behavior”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was permissible. He said he was deceived by the husband. “I wanted to stop,” Dogan told the court. “I carried on because he persuaded me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I never wanted to hurt that individual.”

Survivor's Statement

The survivor, who was cheered upon leaving court each day by crowds gathered to support her, addressed the defendant in court: “You do not grasp. When are you going to recognise you violated me? It is unlawful to rape an unaware woman. At what point did I give you consent? Never.”

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

Prosecutor's Remarks

Sie, speaking to Gisèle Pelicot in court, said the defendant's failure to take blame showed that: “Guilt has not shifted. The community is perhaps in the course of that, perhaps driven by the public consciousness brought by the exposure of your situation.”

Sie said Dogan’s claims of innocence showed how normalized violence was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “We need to change the culture of violence to a society based on agreement.”

The prosecutor said to Dogan: “As long as you reject it, it’s not just a person, it’s an complete disturbing societal structure that you are supporting.”

Defendant's Background

The accused was originated from Turkey and at the age of 5 came to the nation of France, where his father worked as a caretaker. The evidence indicated that his father was aggressive and that Dogan began using drugs aged ten. When Dogan was 17 he was stopped by police for drug trafficking and his parent forced him to leave the residence. He spent time in prison for narcotics offenses in his young adulthood and had worked as a builder but had faced periods of homelessness.

He was married and had a child with a genetic condition, who he was the main caregiver for, as his wife worked in a educational cafeteria. The evidence showed his spouse did not know he had repeated sexual encounters outside their marriage. His defence said this was his way of coping with his difficult circumstances. The defendant had told a court psychologist that once a year he sought paid sex on his birthday. His legal representatives informed the court he had arthritis triggered by the anxiety of the original case.