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An individual was convicted on appeal of raping Gisèle Pelicot following she was sedated by her then-husband – and received his prison sentence increased to 10 years.

Higher Court Case

The defendant, 44, an unemployed builder, who had appealed his first conviction last year, underwent a appeal hearing this week at the appeals court in Nîmes.

A panel of five men and four women, joined by three judges, found Dogan guilty on Thursday of raping Pelicot in her bedroom in Provence in the early hours of June 29, 2019.

The testimony revealed that Dogan, a family man, reached out to Gisèle Pelicot’s spouse, the husband, in an internet forum titled “without her consent”, where the husband was recruiting men to enter his residence to rape his wife once he had sedated her into a unconscious state.

We trust the jury will declare that in this country, human rights are also women’s rights – that permission is personal, not given by another,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is obtained directly and not via a representative from a spouse.”

Context

The ex-husband, one of the worst sexual predators in France's contemporary records, was given a prison term to 20 years in prison last year for drugging his spouse and bringing in numerous individuals to rape her in her home in the community of the village of Mazan over a span of nearly ten years of their union.

Numerous other individuals were found guilty in a high-profile trial last year, and the appellant was the sole individual to challenge his sentence. He was first handed a term to nine years in prison, a sentence increased on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had stated he should serve twelve years, because he “stubbornly rejects to take any blame”.

Courtroom Details

The defendant had first sent Dominique Pelicot graphic images and then driven an hour from his residence in the region to rape Gisèle Pelicot, after telling his wife he was leaving, the court heard.

The ex-husband, who was brought from isolation in prison to temporarily provide testimony at the appeal trial, informed the court that the accused had known his wife had been “sedated” and he told to men by phone: “I want someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a focus point for a broader debate on societal attitudes in society as Dogan continued to assert he was innocent and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had welcomed him into the room, his conduct had been permissible.

The jury in the Nîmes appeals court was displayed video evidence of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a comatose state, while a grinning Dogan engaged in violation repeatedly over a period of what authorities reported was 3.5 hours. The judge said she had been at danger of death by asphyxiation. The state prosecution said there was absolute certainty that she had been unaware and had not agreed.

Dogan's Claims

Dogan told the court the videos were simply “sexual encounters” and disputed it was assault. He said what he did was “an intimate behavior”, not assault. He told the court: “I am innocent of assault.” He said the victim's husband had brought him to the home, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I tried to halt,” the accused stated to the court. “I continued because he convinced me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I had no desire to harm that woman.”

Victim's Response

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by supporters assembled to stand with her, told Dogan in court: “You fail to comprehend. When will you admit you assaulted me? It is illegal to assault an unconscious woman. At what point did I give you agreement? At no time.”

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

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “Guilt has not shifted. The community is perhaps in the midst of that, possibly motivated by the collective awareness resulting from the revelation of your ordeal.”

Sie said Dogan’s claims of innocence showed how rape culture was still widespread in society as part of “archaic” forms of “gender-based power”. He said: “We need to change the culture of violence to a society based on agreement.”

Sie addressed the defendant: “While you refuse to admit it, it’s not just a individual, it’s an whole disturbing social system that you are upholding.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five came to France, where his parent worked as a building manager. The testimony revealed that his father was violent and that the defendant began using drugs aged 10. When Dogan was seventeen he was apprehended by authorities for selling narcotics and his parent forced him to leave the family house. He served time in prison for drug dealing in his early 20s and had worked as a laborer but had faced periods of being unhoused.

He was married and had a child with special needs, who he was the main caregiver for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had regular extramarital activities beyond their marriage. His legal team said this was his strategy for managing with his stressful life. The defendant had informed a mental health expert that annually he sought paid sex on his birthday. His lawyers told the court he had joint inflammation caused by the anxiety of the original case.