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An individual was declared guilty on appeal of sexually assaulting Gisele Pelicot after she was sedated by her spouse – and has had his incarceration period increased to ten years.

Appeal Trial

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

A jury of nine jurors, accompanied by three judges, found Dogan guilty on Thursday of raping Pelicot in her home in southern France in the morning of 29 June 2019.

The evidence showed that the accused, a married father, made contact with Gisèle Pelicot’s husband at the time, the husband, in an online chatroom called “without her consent”, where the husband was recruiting men to come to his home to rape his wife once he had drugged her into a deep sleep.

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

Context

Dominique Pelicot, among the most severe sexual predators in modern French history, was given a prison term to two decades in prison last year for sedating his spouse and bringing in numerous individuals to sexually assault her in her home in the town of the village of Mazan over a span of nearly ten years of their marriage.

Numerous other individuals were found culpable in a notable trial last year, and the appellant was the sole individual to contest his verdict. He was originally sentenced to nine years in prison, a sentence enhanced on Thursday to ten years.

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

Testimony and Proof

Dogan had initially sent the husband graphic images and then driven an hour from his town in the region to assault Gisèle Pelicot, after telling his wife he was leaving, the testimony revealed.

Pelicot, who was transported from solitary confinement in prison to temporarily testify at the appeal trial, informed the court that Dogan had been aware his wife had been “sedated” and he communicated to men by phone: “I want someone to violate my wife after I’ve sedated her without her knowledge.”

The proceedings became a key topic for a broader debate on rape culture in society as the defendant continued to claim he was innocent and had not committed rape, contending that because Gisèle Pelicot’s husband had welcomed him into the residence, his conduct had been justifiable.

The panel in the Nîmes appeals court was shown visual proof of the victim's unresponsive form, sedated and breathing heavily in a unconscious condition, while a grinning the perpetrator performed assault repeatedly over a period of what investigators stated was 3.5 hours. The court official said she had been at risk of fatal outcome by choking. The prosecution said there was absolute certainty that she had been unaware and had not given permission.

Accused's Testimony

The defendant stated to the court the recordings were simply “sexual encounters” and rejected it was violation. He said what he did was “a consensual activity”, not rape. He told the court: “I am innocent of assault.” He said the victim's husband had invited him to the house, and therefore it was acceptable. He said he was manipulated by the husband. “I tried to halt,” Dogan informed the court. “I continued because he convinced me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I had no desire to harm that lady.”

Survivor's Statement

The victim, who was applauded upon leaving court each day by onlookers present to stand with her, told the defendant in court: “You fail to comprehend. When will you acknowledge you assaulted me? It’s a crime to assault an incapacitated woman. How could I have give you consent? At no time.”

Gisèle Pelicot, 72, became an global icon after she waived her right to privacy in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, turning to the victim in court, said the defendant's failure to take responsibility showed that: “The shame remains. The public is possibly in the midst of that, perhaps propelled by the public consciousness brought by the publication of your case.”

The prosecutor said the defendant's claims of blamelessness showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change the culture of violence to a society based on agreement.”

The prosecutor told Dogan: “For as much as you refuse to admit it, it’s not just a person, it’s an complete unpleasant societal structure that you are supporting.”

Defendant's Background

The accused was born in Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a caretaker. The evidence indicated that his father was violent and that the defendant began consuming marijuana aged ten. When he was seventeen he was caught by authorities for drug trafficking and his parent evicted him the family house. He was incarcerated in prison for drug dealing in his early 20s and had worked as a laborer but had undergone periods of being unhoused.

He was married and had a son with special needs, who he was the principal carer for, as his wife worked in a institution's dining hall. The testimony revealed his wife did not know he had frequent sexual encounters outside their union. His defence said this was his strategy for managing with his challenging existence. Dogan had informed a court psychologist that annually he looked for paid sex on his birthday. His legal representatives stated to the court he had joint inflammation resulting from the anxiety of the initial proceedings.