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A defendant was convicted on higher court review of raping Gisele Pelicot following she was sedated by her spouse – and received his prison sentence increased to 10 years.

Appeal Trial

The defendant, forty-four, an out-of-work construction worker, who had challenged 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, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her bedroom in southern France in the morning of June 29, 2019.

The court heard that Dogan, a married father, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom titled “without her knowledge”, where the husband was recruiting men to come to his home to rape his wife after he had rendered her unconscious into a deep sleep.

We expect the court will affirm that in this country, human rights are also women’s rights – that agreement is individual, not transferred,” declared the victim's attorney, her legal representative. “Consent is obtained directly and not through someone else from a husband.”

Context

Dominique Pelicot, one of the worst sexual predators in France's contemporary records, was handed a sentence to two decades in prison last year for sedating his spouse and soliciting multiple perpetrators to rape her in her home in the Provence village of the village of Mazan over a period of many years of their marriage.

Dozens of additional defendants were found convicted in a high-profile trial last year, and the appellant was the only man to contest his conviction. He was originally sentenced to nine years in prison, a penalty increased on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had stated he should serve 12 years, because he “stubbornly rejects to take any blame”.

Testimony and Proof

The defendant had initially sent the husband inappropriate pictures and then traveled an hour from his residence in the region to assault Gisèle Pelicot, after telling his wife he was leaving, the evidence indicated.

The ex-husband, who was brought from solitary confinement in prison to temporarily give evidence at the appeal trial, stated to the court that Dogan had known his wife had been “drugged” and he told to men by phone: “I seek someone to assault my wife after I’ve sedated her without her consent.”

The courtroom became a central issue for a larger conversation on sexual violence norms in society as the defendant continued to claim he was innocent and had not committed rape, contending that because the victim's husband had invited him into the room, his behavior had been acceptable.

The panel in the higher court was presented with recorded footage of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a deep sleep, while a grinning the perpetrator committed rape on several occasions over a duration of what authorities reported was three and a half hours. The court official said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was no question that she had been incapacitated and had not agreed.

Accused's Testimony

The defendant informed the court the recordings were simply “sex scenes” and disputed it was violation. He said what he did was “a consensual activity”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was OK. He said he was influenced by the husband. “I attempted to cease,” the accused informed the court. “I continued because he reassured me.”

Asked if he wanted to make a last words to the court, the defendant said: “I did not intend to injure that individual.”

Survivor's Statement

The victim, who was supported upon exiting the courtroom each day by supporters gathered to back her, addressed the defendant in court: “You haven’t understood. When are you going to recognise you raped me? It is unlawful to assault an incapacitated woman. When did I ever give you agreement? At no time.”

Gisèle Pelicot, 72, became an international feminist hero after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, speaking to the victim in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. Society is possibly in the midst of that, maybe motivated by the public consciousness brought by the revelation of your situation.”

Sie said Dogan’s claims of non-guilt showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a culture of consent.”

The prosecutor addressed Dogan: “While you deny it, it’s not just a individual, it’s an complete unpleasant social system that you are supporting.”

Biographical Details

Dogan was originated from Turkey and at the age of 5 relocated to the nation of France, where his father worked as a building manager. The evidence indicated that his father was abusive and that the defendant began consuming marijuana at the age of ten. When Dogan was seventeen he was apprehended by police for drug trafficking and his parent kicked him out of home. He served time 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 a genetic condition, who he was the primary guardian for, as his wife worked in a school canteen. The court heard his spouse did not know he had regular intimate relations beyond their union. His legal team said this was his method of dealing with his difficult circumstances. The defendant had informed a evaluator that each year he engaged in transactional encounters on his birthday. His lawyers told the court he had arthritis caused by the pressure of the original case.