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An individual was declared guilty on appeal of raping Gisele Pelicot after she was sedated by her spouse – and has had his prison sentence increased to 10 years.

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, experienced a retrial this week at the appeals court in Nîmes.

A jury of five men and four women, sitting with three judges, found Dogan guilty on Thursday of raping the victim in her residence in southern France in the morning of 29 June 2019.

The court heard that Dogan, a married father, made contact with Gisèle Pelicot’s spouse, the husband, in an internet forum called “unbeknownst to her”, where Pelicot was looking for men to enter his residence to rape his wife once he had drugged her into a comatose state.

We expect the panel will say loud and clear that in this country, fundamental rights are also rights of women – that agreement is individual, not transferred,” said Gisèle Pelicot’s attorney, her legal representative. “Consent is received directly and not by proxy from a husband.”

Context

Dominique Pelicot, a notorious sex offenders in recent French history, was handed a sentence to twenty years in prison last year for incapacitating his wife at the time and soliciting numerous individuals to rape her in her home in the Provence village of the village of Mazan over a period of almost a decade of their union.

Numerous other individuals were found culpable in a widely publicized trial last year, and Dogan was the only man to challenge his conviction. He was originally sentenced to 9 years in prison, a penalty raised on Thursday to 10 years.

The state's attorney, the prosecutor, had stated he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his residence in the region to assault Gisèle Pelicot, after informing his wife he was stepping out, the court heard.

The ex-husband, who was transported from segregation in prison to briefly testify at the appeal trial, stated to the court that the accused had known his wife had been “sedated” and he said to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a central issue for a larger conversation on societal attitudes in society as the defendant continued to say he was innocent and had not engaged in violation, stating that because the victim's husband had allowed him into the residence, his conduct had been acceptable.

The jury in the higher court was displayed video evidence of the victim's unresponsive form, sedated and snoring in a deep sleep, while a grinning Dogan performed assault multiple times over a timeframe of what investigators stated was several hours. The judge said she had been at risk of fatal outcome by choking. The state prosecution said there was no question that she had been unaware and had not agreed.

Accused's Testimony

Dogan informed the court the recordings were simply “intimate moments” and denied it was assault. He said what he did was “an intimate behavior”, not assault. He stated the court: “I am innocent of assault.” He said the victim's husband had allowed him to the home, and therefore it was OK. He said he was deceived by the husband. “I attempted to cease,” the accused told the court. “I carried on because he convinced me.”

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

Pelicot's Words

The victim, who was cheered upon exiting the courtroom each day by onlookers gathered to back her, told Dogan in court: “You do not grasp. When are you going to recognise you assaulted me? It is unlawful to rape an unconscious woman. How could I have give you consent? Never.”

The victim, 72, became an international feminist hero after she relinquished her right to anonymity in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, addressing the victim in court, said the defendant's refusal to take responsibility showed that: “The shame remains. Society is possibly in the process of that, maybe propelled by the societal understanding resulting from the revelation of your situation.”

Sie said Dogan’s claims of blamelessness showed how normalized violence was still widespread in society as part of “archaic” forms of “male domination”. He said: “We need to change rape culture to a culture of consent.”

The prosecutor addressed the defendant: “As long as you refuse to admit it, it’s not just a individual, it’s an complete unpleasant societal structure that you are supporting.”

Personal History

Dogan was originated from the country of Turkey and at the age of five relocated to France, where his parent worked as a caretaker. The evidence indicated that his father was abusive and that the defendant began using drugs aged 10. When he was seventeen he was apprehended by authorities for dealing drugs and his father kicked him out of home. He served time in prison for trafficking in his twenties and had worked as a construction worker but had experienced periods of being unhoused.

He was wed and had a child with a genetic condition, who he was the principal carer for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had repeated sexual encounters outside their union. His defence said this was his way of coping with his stressful life. Dogan had informed a evaluator that annually he engaged in paid sex on his birthday. His legal representatives told the court he had a medical condition caused by the anxiety of the first trial.