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A man has been found guilty on appeal of raping Gisele Pelicot after she was sedated by her then-husband – and was given his jail term extended to a decade.

Higher Court Case

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

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

The court heard that the accused, a family man, connected with the victim's spouse, the husband, in an digital platform called “without her consent”, where Pelicot was recruiting men to visit his house to rape his wife once he had drugged her into a unconscious state.

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

Context

The ex-husband, a notorious sex offenders in recent French history, was given a prison term to 20 years in prison last year for incapacitating his wife at the time and inviting multiple perpetrators 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 culpable in a widely publicized trial last year, and the appellant was the single defendant to contest his conviction. He was originally given a sentence to nine years in prison, a punishment enhanced on Thursday to ten years.

The lead state prosecutor, the prosecutor, had argued he should serve 12 years, because he “completely denies to take any blame”.

Evidence Presented

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

The ex-husband, who was transported from segregation in prison to temporarily testify at the hearing, informed the court that Dogan had been aware his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to violate my wife after I’ve sedated her unbeknownst to her.”

The trial became a central issue for a wider discussion on societal attitudes in society as Dogan continued to claim he was blameless and had not engaged in violation, stating that because Gisèle Pelicot’s husband had allowed him into the bedroom, his behavior had been acceptable.

The jury in the higher court was presented with video evidence of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a deep sleep, while a grinning Dogan committed rape repeatedly over a period of what authorities reported was 3.5 hours. The court official said she had been at danger of death by choking. The state prosecution said there was no question that she had been incapacitated and had not agreed.

Accused's Testimony

Dogan informed the court the recordings were simply “sex scenes” and rejected it was assault. He said what he did was “a consensual activity”, not rape. He declared the court: “I did not commit rape.” He said the victim's husband had invited him to the residence, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused informed the court. “I continued because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to hurt that lady.”

Pelicot's Words

The survivor, who was applauded upon exiting the courtroom each day by crowds present to support her, said to the defendant in court: “You haven’t understood. When will you acknowledge you violated me? It’s a crime to assault an unconscious woman. How could I have give you agreement? At no time.”

The victim, 72, became an global icon after she gave up her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “Guilt has not shifted. The community is perhaps in the process of that, perhaps propelled by the collective awareness spurred by the exposure of your situation.”

Sie said the defendant's claims of non-guilt showed how rape culture was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change rape culture to a culture of consent.”

The prosecutor addressed the defendant: “As long as you refuse to admit it, it’s not just a person, it’s an entire sordid social system that you are endorsing.”

Biographical Details

Dogan was originated from Turkey and at the age of five moved to the nation of France, where his parent worked as a concierge. The testimony revealed that his parent was abusive and that Dogan began smoking cannabis aged 10. When Dogan was 17 he was apprehended by authorities for drug trafficking and his parent forced him to leave the family house. He spent time in prison for drug dealing in his young adulthood and had worked as a construction worker but had undergone periods of being unhoused.

He was married and had a son with special needs, 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 sexual encounters outside their union. His defence said this was his method of dealing with his stressful life. The defendant had stated to a mental health expert that each year he engaged in transactional encounters on his special day. His attorneys told the court he had arthritis triggered by the pressure of the first trial.