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A man was declared guilty on higher court review of raping Gisele Pelicot after she was sedated by her spouse – and received his incarceration period extended to a decade.

Appeal Trial

Dogan, forty-four, an unemployed builder, who had contested his first conviction last year, underwent a retrial this week at the higher court in Nîmes.

A jury of nine jurors, joined by three judges, ruled against Dogan on Thursday of raping the victim in her residence in the south of France in the morning of 29 June 2019.

The court heard that Dogan, a married father, connected with the victim's husband at the time, the husband, in an internet forum called “without her knowledge”, where the husband was seeking men to visit his house to assault his wife after he had rendered her unconscious into a unconscious state.

“We hope the court will declare that in this country, human rights are also women’s rights – that permission is individual, not delegated,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is secured directly and not via a representative from a spouse.”

Background

Dominique Pelicot, one of the worst sex offenders in recent French history, was sentenced to two decades in prison last year for sedating his spouse and soliciting dozens of men to sexually assault her in her home in the community of Mazan over a duration of many years of their union.

Numerous other individuals were found convicted in a high-profile trial last year, and Dogan was the sole individual to contest his sentence. He was first sentenced to 9 years in prison, a punishment raised on Thursday to 10 years.

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

Courtroom Details

Dogan had initially sent the husband inappropriate pictures 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 provide testimony at the hearing, informed the court that Dogan had understood his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep without her knowledge.”

The trial became a key topic for a larger conversation on sexual violence norms in society as the defendant continued to assert he was blameless and had not perpetrated assault, contending that because the victim's husband had allowed him into the bedroom, his conduct had been permissible.

The panel in the Nîmes appeals court was presented with recorded footage of the victim's unconscious figure, comatose and snoring in a unconscious condition, while a grinning Dogan engaged in violation repeatedly over a period of what investigators stated was 3.5 hours. The judge said she had been at danger of death by choking. The prosecution said there was absolute certainty that she had been unconscious and had not consented.

Accused's Testimony

The defendant informed the court the videos were simply “intimate moments” and rejected it was rape. 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 brought him to the house, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan stated to the court. “I continued because he persuaded me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I never wanted to harm that individual.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon leaving court each day by supporters assembled to stand with her, told the defendant in court: “You fail to comprehend. When will you admit you raped me? It is illegal to rape an unaware woman. When did I ever give you permission? At no time.”

Gisèle Pelicot, seventy-two, became an global icon after she waived her right to confidentiality in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “Shame has not yet changed sides. Society is possibly in the process of that, possibly motivated by the public consciousness spurred by the exposure of your case.”

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 society based on agreement.”

The prosecutor said to the defendant: “As long as you refuse to admit it, it’s not just a individual, it’s an entire unpleasant cultural framework that you are supporting.”

Defendant's Background

The accused was originated from Turkey and at the age of 5 moved to France, where his father worked as a caretaker. The evidence indicated that his father was aggressive and that the defendant began consuming marijuana aged 10. When Dogan was seventeen he was apprehended by authorities for drug trafficking and his father forced him to leave the family house. He was incarcerated in prison for trafficking in his young adulthood and had worked as a builder but had undergone periods of being unhoused.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had regular extramarital activities outside their marriage. His defence said this was his strategy for managing with his challenging existence. The defendant had stated to a mental health expert that annually he sought commercial sex on his special day. His legal representatives stated to the court he had a medical condition caused by the anxiety of the original case.