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A man has been found guilty on higher court review of raping Gisele Pelicot following she was sedated by her then-husband – and was given his jail term increased to 10 years.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, underwent a new trial this week at the appeals court in Nîmes.

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

The testimony revealed that Dogan, a family man, connected with the victim's then husband, the husband, in an digital platform called “without her consent”, where Pelicot was seeking men to visit his house to rape his wife after he had drugged her into a unconscious state.

We expect the court will say loud and clear that in this country, fundamental rights are also rights of women – that permission is individual, not given by another,” said the victim's attorney, Antoine Camus. “Permission is obtained personally and not through someone else from a husband.”

Case History

Dominique Pelicot, a notorious sexual predators in modern French history, was given a prison term to 20 years in prison last year for sedating his then wife and inviting multiple perpetrators to sexually assault her in her home in the community of Mazan over a duration of almost a decade of their marriage.

Fifty other men were found guilty in a notable trial last year, and the appellant was the only man to contest his verdict. He was first handed a term to nine years in prison, a penalty increased on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had stated he should serve twelve years, because he “completely denies to take any blame”.

Evidence Presented

The defendant had initially sent the husband graphic images and then driven an hour from his village in the region to assault the victim, after informing his wife he was going out, the testimony revealed.

The ex-husband, who was brought from segregation in prison to briefly testify at the appeal trial, stated to the court that Dogan had understood his wife had been “sedated” and he communicated to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a key topic for a larger conversation on rape culture in society as Dogan continued to say he was innocent and had not perpetrated assault, stating that because the victim's husband had welcomed him into the bedroom, his behavior had been acceptable.

The jury in the Nîmes appeals court was shown recorded footage of the victim's unconscious figure, comatose and snoring in a unconscious condition, while a smiling Dogan engaged in violation on several occasions over a timeframe of what authorities reported was three and a half hours. The presiding judge said she had been at risk of fatal outcome by choking. The state's case said there was no doubt that she had been unconscious and had not agreed.

Defendant's Statements

The defendant told the court the recordings were simply “sex scenes” and rejected it was rape. He said what he did was “a sexual act”, not rape. He declared the court: “I did not commit rape.” He said the victim's husband had allowed him to the residence, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I never wanted to injure that lady.”

Victim's Response

The victim, who was supported upon exiting the courtroom each day by onlookers assembled to back her, told the defendant in court: “You do not grasp. When will you acknowledge you assaulted me? It is unlawful to rape an incapacitated woman. At what point did I give you consent? Not once.”

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

State's Argument

The prosecutor, speaking to the victim in court, said the defendant's unwillingness to take responsibility showed that: “The shame remains. Society is maybe in the midst of that, maybe propelled by the public consciousness brought by the revelation of your situation.”

Sie said the defendant's claims of innocence showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “patriarchal control”. He said: “We need to change rape culture to a ethos of permission.”

The prosecutor told Dogan: “For as much as you reject it, it’s not just a person, it’s an complete disturbing social system that you are supporting.”

Defendant's Background

Dogan was originated from the country of 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 parent was violent and that Dogan began consuming marijuana at the age of 10. When he was 17 he was stopped by police for drug trafficking and his parent forced him to leave of home. He spent time in prison for narcotics offenses in his early 20s and had worked as a laborer but had experienced periods of living on the streets.

He was married and had a son with Down’s syndrome, who he was the principal carer for, as his spouse worked in a educational cafeteria. The court heard his spouse did not know he had regular intimate relations beyond their union. His defence said this was his strategy for managing with his stressful life. Dogan had told a court psychologist that each year he engaged in transactional encounters on his special day. His lawyers told the court he had joint inflammation resulting from the anxiety of the original case.