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A defendant was declared guilty on higher court review of raping Gisèle Pelicot following she was sedated by her husband – and received his jail term increased to a decade.

Higher Court Case

Dogan, forty-four, an unemployed builder, who had challenged his initial guilty verdict last year, underwent a new trial this week at the higher court in Nîmes.

A panel of nine jurors, joined by three judges, ruled against Dogan on Thursday of raping Pelicot in her residence in Provence in the early hours 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 named “unbeknownst to her”, where the husband was seeking men to come to his home to rape his wife once he had sedated her into a unconscious state.

“We hope the panel will affirm that in this country, human rights are also rights of women – that agreement is personal, not given by another,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Consent is obtained personally and not through someone else from a husband.”

Background

The ex-husband, one of the worst sex offenders in France's contemporary records, was given a prison term to 20 years in prison last year for sedating his spouse and bringing in numerous individuals to rape her in her home in the Provence village of the village of Mazan over a duration of nearly ten years of their marriage.

Numerous other individuals were found convicted in a widely publicized trial last year, and the appellant was the single defendant to contest his conviction. He was first sentenced to 9 years in prison, a sentence increased on Thursday to ten years.

The state's attorney, the prosecutor, had argued he should serve 12 years, because he “completely denies to take any responsibility”.

Testimony and Proof

Dogan had first sent the husband sexually explicit photos and then driven an hour from his residence in Provence to rape the victim, after notifying his wife he was leaving, the testimony revealed.

Pelicot, who was brought from isolation in prison to temporarily provide testimony at the appeal trial, informed the court that Dogan had understood his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a central issue for a wider discussion on sexual violence norms in society as Dogan continued to claim he was not guilty and had not committed rape, contending that because the victim's husband had allowed him into the residence, his actions had been acceptable.

The panel in the higher court was shown visual proof of the victim's limp body, sedated and snoring in a deep sleep, while a smiling Dogan committed rape repeatedly over a timeframe of what authorities reported was three and a half hours. The judge said she had been at risk of fatal outcome by suffocation. The state prosecution said there was no question that she had been unconscious and had not given permission.

Defendant's Statements

The defendant stated to the court the videos were simply “intimate moments” and disputed it was violation. He said what he did was “a sexual act”, not rape. He told the court: “I did not commit rape.” He said the victim's husband had brought him to the residence, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I tried to halt,” Dogan told the court. “I continued because he convinced me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I never wanted to injure that lady.”

Victim's Response

Gisèle Pelicot, who was cheered upon departing the trial each day by supporters gathered to support her, addressed the defendant in court: “You do not grasp. When will you admit you assaulted me? It is unlawful to assault an unaware woman. When did I ever give you permission? Never.”

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

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “The shame remains. The public is maybe in the midst of that, maybe motivated by the societal understanding resulting from the publication of your situation.”

Sie said the defendant's claims of non-guilt showed how normalized violence was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “Now we must change the culture of violence to a society based on agreement.”

The prosecutor addressed Dogan: “For as much as you refuse to admit it, it’s not just a person, it’s an entire disturbing cultural framework that you are upholding.”

Defendant's Background

The accused was born in Turkey and at the age of 5 moved to the nation of France, where his parent worked as a building manager. The court heard that his father was aggressive and that the defendant began smoking cannabis at the age of ten. When he was 17 he was apprehended by police for drug trafficking and his father forced him to leave the residence. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a laborer but had undergone periods of being unhoused.

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 testimony revealed his spouse did not know he had regular sexual encounters outside their union. His legal team said this was his strategy for managing with his challenging existence. Dogan had informed a mental health expert that once a year he sought commercial sex on his special day. His attorneys informed the court he had a medical condition caused by the pressure of the original case.