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A man was convicted on higher court review of sexually assaulting Gisele Pelicot after she was sedated by her husband – and was given his prison sentence extended to 10 years.

Higher Court Case

The defendant, forty-four, an unemployed builder, who had contested his initial guilty verdict last year, underwent a appeal hearing this week at the higher court in Nîmes.

A jury of nine jurors, accompanied by three judges, convicted Dogan on Thursday of raping the victim in her home in the south of France in the early hours of June 29, 2019.

The evidence showed that Dogan, a married father, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom titled “unbeknownst to her”, where Pelicot was looking for men to enter his residence to rape his wife after he had drugged her into a unconscious state.

We trust the panel will say loud and clear that in this nation, fundamental rights are also women’s rights – that consent is individual, not transferred,” declared the victim's attorney, Antoine Camus. “Agreement is secured personally and not via a representative from a spouse.”

Background

Dominique Pelicot, one of the worst sexual predators in modern French history, was handed a sentence to two decades in prison last year for drugging his then wife and soliciting numerous individuals to rape her in her home in the Provence village of the village of Mazan over a duration of almost a decade of their marriage.

Numerous other individuals were found guilty in a high-profile trial last year, and the appellant was the only man to appeal against his verdict. He was first given a sentence to 9 years in prison, a punishment enhanced on Thursday to a decade.

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

Testimony and Proof

The defendant had first sent the husband inappropriate pictures and then driven an hour from his town in the region to rape the victim, after telling his wife he was leaving, the testimony revealed.

Pelicot, who was transported from isolation in prison to temporarily testify at the retrial, told the court that Dogan had understood his wife had been “incapacitated” and he said to men by phone: “I want someone to abuse my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a focus point for a larger conversation on rape culture in society as Dogan continued to assert he was innocent and had not committed rape, arguing that because Gisèle Pelicot’s husband had welcomed him into the room, his actions had been acceptable.

The jury in the higher court was shown recorded footage of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a comatose state, while a grinning the perpetrator engaged in violation on several occasions over a timeframe of what authorities reported was three and a half hours. The judge said she had been at danger of death by choking. The prosecution said there was absolute certainty that she had been unaware and had not agreed.

Defendant's Statements

Dogan stated to the court the footage were simply “sexual encounters” and denied it was rape. He said what he did was “a sexual act”, not assault. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was permissible. He said he was manipulated by the husband. “I wanted to stop,” Dogan informed the court. “I continued because he persuaded me.”

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

Survivor's Statement

The victim, who was applauded upon exiting the courtroom each day by supporters present to back her, told Dogan in court: “You haven’t understood. When will you acknowledge you violated me? It is unlawful to rape an unaware woman. When did I ever give you consent? Never.”

The victim, seventy-two, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, addressing the victim in court, said Dogan’s refusal to take blame showed that: “Shame has not yet changed sides. Society is maybe in the midst of that, maybe driven by the public consciousness brought by the revelation of your ordeal.”

The prosecutor said the defendant's claims of non-guilt showed how societal tolerance was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

Sie told Dogan: “While you deny it, it’s not just a person, it’s an entire sordid cultural framework that you are supporting.”

Personal History

Dogan was originated from the country of 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 violent and that Dogan began consuming marijuana aged ten. When Dogan was seventeen he was caught by police for dealing drugs and his parent kicked him out the residence. He was incarcerated in prison for trafficking in his young adulthood and had worked as a builder but had experienced periods of living on the streets.

He was married and had a son with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The court heard his wife did not know he had repeated intimate relations beyond their marriage. His defence said this was his strategy for managing with his difficult circumstances. The defendant had stated to a court psychologist that annually he looked for paid sex on his special day. His legal representatives stated to the court he had a medical condition resulting from the stress of the first trial.