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A defendant was declared guilty on higher court review of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her then-husband – and received his prison sentence raised to 10 years.

Higher Court Case

Dogan, forty-four, an out-of-work construction worker, who had appealed his initial guilty verdict last year, underwent a appeal hearing this week at the higher court in Nîmes.

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

The court heard that the accused, a married father, made contact with the victim's then husband, the husband, in an online chatroom named “without her knowledge”, where Pelicot was recruiting men to enter his residence to rape his wife after he had drugged her into a comatose state.

“We hope the jury will affirm that in this nation, fundamental rights are also women’s rights – that consent is individual, not transferred,” said Gisèle Pelicot’s attorney, her legal representative. “Consent is received personally and not via a representative from a spouse.”

Context

Dominique Pelicot, one of the worst sex offenders in recent French history, was handed a sentence to 20 years in prison last year for drugging his then wife and soliciting numerous individuals to sexually assault her in her home in the community of the village of Mazan over a duration of nearly ten years of their union.

Fifty other men were found culpable in a widely publicized trial last year, and the appellant was the sole individual to appeal against his conviction. He was originally sentenced to 9 years in prison, a punishment enhanced on Thursday to a decade.

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

Courtroom Details

The defendant had first sent Dominique Pelicot graphic images and then driven an hour from his residence in the region to assault Gisèle Pelicot, after notifying his wife he was stepping out, the testimony revealed.

The ex-husband, who was brought from segregation in prison to briefly provide testimony at the hearing, informed the court that the accused had understood his wife had been “sedated” and he communicated to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a key topic for a wider discussion on rape culture in society as the defendant continued to say he was blameless and had not engaged in violation, stating that because the victim's husband had invited him into the residence, his behavior had been acceptable.

The jury in the Nîmes appeals court was shown visual proof of the victim's limp body, comatose and breathing heavily in a unconscious condition, while a grinning Dogan engaged in violation multiple times over a timeframe of what authorities reported was several hours. The judge said she had been at risk of fatal outcome by choking. The prosecution said there was no doubt that she had been unaware and had not agreed.

Defendant's Statements

Dogan told the court the videos were simply “sex scenes” and disputed it was violation. He said what he did was “a consensual activity”, not assault. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had brought 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 proceeded because he persuaded me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I never wanted to injure that woman.”

Victim's Response

Gisèle Pelicot, who was applauded upon departing the trial each day by supporters present to back her, said to Dogan in court: “You fail to comprehend. When are you going to recognise you raped me? It is unlawful to assault an unconscious woman. When did I ever give you consent? Not once.”

The victim, seventy-two, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, addressing the victim in court, said the defendant's failure to take responsibility showed that: “The shame remains. Society is perhaps in the process of that, possibly motivated by the societal understanding brought by the exposure of your ordeal.”

Sie said Dogan’s claims of non-guilt showed how societal tolerance was still widespread in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

The prosecutor said to Dogan: “As long as you deny it, it’s not just a woman, it’s an complete unpleasant cultural framework that you are upholding.”

Defendant's Background

Dogan was originated from Turkey and at the age of five relocated to the nation of France, where his parent worked as a concierge. The testimony revealed that his parent was abusive and that Dogan began smoking cannabis aged 10. When he was 17 he was caught by authorities for selling narcotics and his parent forced him to leave the family house. He served time in prison for trafficking in his twenties and had worked as a laborer but had faced periods of living on the streets.

He was married and had a son with a genetic condition, who he was the principal carer for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had regular extramarital activities outside their union. His legal team said this was his method of dealing with his difficult circumstances. The defendant had stated to a mental health expert that annually he engaged in paid sex on his birthday. His legal representatives informed the court he had a medical condition triggered by the pressure of the first trial.