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An individual has been found guilty on appeal of raping Gisèle Pelicot following she was sedated by her then-husband – and has had his prison sentence extended to 10 years.

Higher Court Case

The defendant, forty-four, an unemployed builder, who had contested his initial guilty verdict last year, faced a appeal hearing this week at the higher court in Nîmes.

A panel of nine jurors, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her residence in Provence in the early hours of June 29, 2019.

The evidence showed that Dogan, a family man, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom called “unbeknownst to her”, where the husband was looking for men to enter his residence to rape his wife after he had sedated her into a unconscious state.

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

Context

The husband, one of the worst sexual predators in modern French history, was sentenced to two decades in prison last year for sedating his then wife and inviting dozens of men to sexually assault her in her home in the town of the village of Mazan over a duration of many years of their union.

Numerous other individuals were found guilty in a widely publicized trial last year, and Dogan was the single defendant to contest his conviction. He was initially given a sentence to 9 years in prison, a sentence raised on Thursday to ten years.

The state's attorney, Dominique Sie, had contended he should serve twelve years, because he “completely denies to take any responsibility”.

Courtroom Details

The defendant had first sent Dominique Pelicot graphic images and then traveled an hour from his village in the region to rape Gisèle Pelicot, after informing his wife he was going out, the evidence indicated.

Pelicot, who was transported from solitary confinement in prison to briefly give evidence at the appeal trial, told the court that the accused had understood his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her consent.”

The courtroom became a focus point for a broader debate on sexual violence norms in society as Dogan continued to assert he was blameless and had not perpetrated assault, contending that because the victim's husband had welcomed him into the bedroom, his conduct had been justifiable.

The jury in the Nîmes appeals court was displayed video evidence of the victim's unresponsive form, sedated and breathing heavily in a unconscious condition, while a smiling the perpetrator committed rape on several occasions over a timeframe of what police said was three and a half hours. The court official said she had been at danger of fatal outcome by choking. The state prosecution said there was no question that she had been incapacitated and had not given permission.

Defendant's Statements

The defendant told the court the recordings were simply “intimate moments” and denied it was violation. He said what he did was “an intimate behavior”, not rape. He told the court: “I did not commit rape.” He said the victim's husband had allowed him to the home, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I continued because he convinced me.”

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

Survivor's Statement

The victim, who was cheered upon exiting the courtroom each day by crowds present to back her, said to Dogan in court: “You fail to comprehend. When will you acknowledge you violated me? It is unlawful to rape an incapacitated woman. When did I ever give you permission? Not once.”

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.”

State's Argument

Sie, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “Shame has not yet changed sides. The community is maybe in the midst of that, perhaps motivated by the collective awareness brought by the publication of your ordeal.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still common in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a culture of consent.”

The prosecutor said to Dogan: “As long as you reject it, it’s not just a person, it’s an entire sordid societal structure that you are supporting.”

Personal History

Dogan was born in Turkey and at the age of five came to France, where his father worked as a building manager. The testimony revealed that his parent was aggressive and that Dogan began smoking cannabis aged ten. When he was seventeen he was caught by authorities for selling narcotics and his father evicted him the residence. He was incarcerated in prison for drug dealing in his twenties and had worked as a construction worker but had undergone periods of being unhoused.

He was wed and had a child with special needs, who he was the principal carer for, as his spouse worked in a institution's dining hall. The evidence showed his spouse did not know he had frequent intimate relations beyond their marriage. His defence said this was his way of coping with his stressful life. The defendant had informed a mental health expert that once a year he engaged in paid sex on his birthday. His attorneys informed the court he had joint inflammation triggered by the stress of the initial proceedings.