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A man has been found guilty on appeal of raping Gisele Pelicot after she was sedated by her husband – and received his incarceration period extended to ten years.

Higher Court Case

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

A panel of nine jurors, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her residence in Provence in the early hours of June 29, 2019.

The court heard that the accused, a family man, connected with the victim's spouse, Dominique Pelicot, in an online chatroom named “without her consent”, where Pelicot was seeking men to come to his home to assault his wife after he had sedated her into a unconscious state.

We trust the court will say loud and clear that in this nation, human rights are also rights of women – that agreement is individual, not given by another,” said the victim's attorney, her legal representative. “Permission is received directly and not via a representative from a husband.”

Context

Dominique Pelicot, among the most severe sexual predators in modern French history, was handed a sentence to twenty years in prison last year for sedating his then wife and inviting numerous individuals to sexually assault her in her home in the Provence village of the village of Mazan over a span of nearly ten years of their marriage.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and Dogan was the only man to challenge his verdict. He was first sentenced to nine years in prison, a penalty enhanced on Thursday to 10 years.

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

Evidence Presented

The defendant had initially sent Dominique Pelicot graphic images and then traveled an hour from his town in the region to assault Gisèle Pelicot, after telling his wife he was leaving, the court heard.

Pelicot, who was transported from segregation in prison to briefly testify at the appeal trial, told the court that Dogan had been aware 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 knowledge.”

The courtroom became a central issue for a larger conversation on sexual violence norms in society as Dogan continued to say he was blameless and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had welcomed him into the residence, his conduct had been permissible.

The panel in the Nîmes appeals court was shown visual proof of the victim's unconscious figure, comatose and snoring in a deep sleep, while a smiling the perpetrator committed rape on several occasions over a timeframe of what authorities reported was three and a half hours. The court official said she had been at danger of death by asphyxiation. The prosecution said there was no question that she had been incapacitated and had not consented.

Defendant's Statements

The defendant informed the court the videos were simply “sexual encounters” and denied it was violation. He said what he did was “an intimate behavior”, not assault. He declared the court: “I never raped.” He said the victim's husband had brought him to the house, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I proceeded because he persuaded me.”

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

Survivor's Statement

The victim, who was supported upon leaving court each day by crowds assembled to stand with her, told the defendant in court: “You fail to comprehend. When are you going to recognise you violated me? It is unlawful to assault an unconscious woman. When did I ever give you agreement? Not once.”

Gisèle Pelicot, seventy-two, became an global icon after she gave up her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, speaking to the victim in court, said the defendant's unwillingness to take blame showed that: “Guilt has not shifted. Society is perhaps in the process of that, possibly driven by the collective awareness spurred by the exposure of your case.”

Sie said Dogan’s claims of blamelessness showed how rape culture was still widespread in society as part of “archaic” forms of “gender-based power”. He said: “Now we must change rape culture to a society based on agreement.”

The prosecutor said to the defendant: “While you refuse to admit it, it’s not just a person, it’s an whole sordid cultural framework that you are supporting.”

Defendant's Background

The accused was born in the country of Turkey and at the age of five relocated to France, where his parent worked as a building manager. The testimony revealed that his parent was aggressive and that Dogan began using drugs at the age of ten. When Dogan was seventeen he was caught by police for drug trafficking and his father kicked him out of home. He served time in prison for trafficking in his young adulthood and had worked as a laborer but had experienced periods of homelessness.

He was married and had a son with Down’s syndrome, who he was the main caregiver for, as his wife worked in a institution's dining hall. The evidence showed his spouse did not know he had frequent extramarital activities beyond their union. His legal team said this was his method of dealing with his challenging existence. Dogan had informed a mental health expert that each year he engaged in commercial sex on his birthday. His lawyers informed the court he had a medical condition resulting from the anxiety of the initial proceedings.