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An individual was declared guilty on higher court review of raping Gisèle Pelicot after she was drugged unconscious by her husband – and received his jail term raised to ten years.

Higher Court Case

The defendant, 44, an unemployed builder, who had challenged his first conviction last year, experienced a retrial this week at the higher court in Nîmes.

A panel of nine jurors, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her bedroom in southern France in the morning of 29 June 2019.

The court heard that Dogan, a married father, connected with Gisèle Pelicot’s then husband, the husband, in an internet forum titled “without her consent”, where Pelicot was seeking men to come to his home to rape his wife once he had drugged her into a unconscious state.

“We hope the panel will affirm that in this country, fundamental rights are also rights of women – that agreement is personal, not given by another,” stated Gisèle Pelicot’s attorney, her legal representative. “Consent is secured directly and not by proxy from a spouse.”

Background

The husband, one of the worst sexual predators in modern French history, was sentenced to two decades in prison last year for sedating his spouse and inviting dozens of men to sexually assault her in her home in the Provence village of the village of Mazan over a span of almost a decade of their marriage.

Numerous other individuals were found convicted in a high-profile trial last year, and Dogan was the sole individual to challenge his sentence. He was originally handed a term to 9 years in prison, a sentence enhanced on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had argued he should serve twelve years, because he “completely denies to take any accountability”.

Courtroom Details

The defendant had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in Provence to rape the victim, after telling his wife he was stepping out, the testimony revealed.

Pelicot, who was transported from segregation in prison to temporarily provide testimony at the appeal trial, informed the court that Dogan had known his wife had been “sedated” and he told to men by phone: “I seek someone to violate my wife after I’ve put her to sleep without her consent.”

The courtroom became a focus point for a broader debate on sexual violence norms in society as Dogan continued to claim he was innocent and had not committed rape, stating that because the victim's husband had welcomed him into the residence, his conduct had been justifiable.

The jury in the higher court was shown video evidence of the victim's unconscious figure, comatose and breathing heavily in a comatose state, while a grinning the perpetrator committed rape repeatedly over a timeframe of what authorities reported was 3.5 hours. The presiding judge said she had been at danger of death by asphyxiation. The state's case said there was absolute certainty that she had been incapacitated and had not given permission.

Accused's Testimony

The defendant stated to the court the footage were simply “intimate moments” and rejected it was violation. He said what he did was “a sexual act”, not rape. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was permissible. He said he was influenced by the husband. “I tried to halt,” Dogan stated to the court. “I carried on because he reassured me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I had no desire to hurt that lady.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon departing the trial each day by crowds assembled to stand with her, told the defendant in court: “You do not grasp. When will you acknowledge you raped me? It’s a crime to assault an incapacitated woman. When did I ever give you permission? Not once.”

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

Legal Commentary

Sie, addressing the victim in court, said Dogan’s refusal to take blame showed that: “Guilt has not shifted. Society is perhaps in the course of that, possibly driven by the collective awareness brought by the revelation of your ordeal.”

Sie said the defendant's claims of non-guilt showed how rape culture was still widespread in society as part of “old-fashioned” forms of “gender-based power”. He said: “We need to change rape culture to a culture of consent.”

The prosecutor told the defendant: “For as much as you refuse to admit it, it’s not just a woman, it’s an whole sordid societal structure that you are endorsing.”

Biographical Details

Dogan was originated from Turkey and at the age of five moved to the nation of France, where his parent worked as a building manager. The court heard that his father was aggressive and that the defendant began consuming marijuana aged 10. When he was seventeen he was caught by authorities for selling narcotics and his parent evicted him the residence. He served time in prison for trafficking in his young adulthood and had worked as a laborer but had undergone periods of being unhoused.

He was married and had a son with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a school canteen. The court heard his wife did not know he had frequent extramarital activities beyond their marriage. His defence said this was his method of dealing with his challenging existence. The defendant had told a evaluator that annually he looked for paid sex on his birthday. His legal representatives informed the court he had arthritis caused by the anxiety of the first trial.