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A defendant has been found guilty on appeal of raping Gisèle Pelicot after she was sedated by her husband – and was given his incarceration period increased to a decade.

Retrial Proceedings

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

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

The court heard that the accused, a married father, connected with Gisèle Pelicot’s spouse, the husband, in an internet forum titled “without her knowledge”, where Pelicot was looking for men to enter his residence to rape his wife after he had drugged her into a unconscious state.

We expect the panel will say loud and clear that in this society, fundamental rights are also women’s rights – that agreement is personal, not given by another,” stated Gisèle Pelicot’s lawyer, her legal representative. “Consent is obtained directly and not by proxy from a spouse.”

Background

Dominique Pelicot, among the most severe sexual predators in recent French history, was sentenced to two decades in prison last year for drugging his then wife and bringing in multiple perpetrators to sexually assault her in her home in the town of Mazan over a period of many years of their marriage.

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

The chief prosecutor, the prosecutor, had contended he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Evidence Presented

The defendant had initially sent the husband inappropriate pictures and then driven an hour from his residence in the region to assault the victim, after telling his wife he was going out, the testimony revealed.

The ex-husband, who was transported from segregation in prison to temporarily provide testimony at the hearing, told the court that the accused had understood 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 courtroom became a key topic for a larger conversation on societal attitudes in society as the defendant continued to claim he was blameless and had not committed rape, arguing that because Gisèle Pelicot’s husband had welcomed him into the residence, his behavior had been permissible.

The panel in the Nîmes appeals court was presented with video evidence of the victim's unconscious figure, sedated and breathing heavily in a deep sleep, while a smiling Dogan performed assault on several occasions over a duration of what authorities reported was 3.5 hours. The court official said she had been at danger of fatal outcome by suffocation. The prosecution said there was no question that she had been incapacitated and had not consented.

Dogan's Claims

Dogan told the court the videos were simply “sexual encounters” and disputed it was rape. He said what he did was “a consensual activity”, not rape. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I continued because he convinced me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to injure that individual.”

Pelicot's Words

Gisèle Pelicot, who was cheered upon leaving court each day by onlookers present to support her, addressed the defendant in court: “You do not grasp. When are you going to recognise you assaulted me? It’s a crime to rape an unaware woman. When did I ever give you consent? Never.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she relinquished her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's failure to take blame showed that: “Guilt has not shifted. Society is perhaps in the midst of that, possibly driven by the societal understanding brought by the publication of your ordeal.”

Sie said the defendant's claims of non-guilt showed how rape culture was still common in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change rape culture to a ethos of permission.”

The prosecutor addressed Dogan: “While you deny it, it’s not just a person, it’s an entire unpleasant cultural framework that you are upholding.”

Defendant's Background

Dogan was originated from Turkey and at the age of 5 came to France, where his parent worked as a concierge. The court heard that his father was aggressive and that the defendant began consuming marijuana at the age of 10. When he was 17 he was apprehended by authorities for dealing drugs and his father kicked him out of home. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a laborer but had faced periods of being unhoused.

He was wed and had a child with Down’s syndrome, who he was the principal carer for, as his wife worked in a school canteen. The evidence showed his wife did not know he had repeated intimate relations outside their marriage. His legal team said this was his strategy for managing with his challenging existence. The defendant had told a mental health expert that annually he looked for commercial sex on his special day. His attorneys stated to the court he had joint inflammation triggered by the stress of the first trial.