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A man was convicted on higher court review of raping Gisele Pelicot following she was sedated by her then-husband – and received his prison sentence raised to ten years.

Higher Court Case

The defendant, forty-four, an out-of-work construction worker, who had challenged his initial guilty verdict last year, underwent a retrial this week at the Nîmes court of appeal.

A panel of nine jurors, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her home in the south of France in the morning of June 29, 2019.

The evidence showed that the accused, a family man, reached out to Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum titled “unbeknownst to her”, where the husband was looking for men to come to his home to rape his wife once he had sedated her into a comatose state.

“We hope the court will say loud and clear that in this society, fundamental rights are also rights of women – that permission is individual, not given by another,” declared Gisèle Pelicot’s attorney, her legal representative. “Agreement is obtained directly and not by proxy from a husband.”

Context

The husband, one of the worst sexual predators in modern French history, was handed a sentence to 20 years 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 period of many years of their marriage.

Numerous other individuals were found convicted in a widely publicized trial last year, and the appellant was the sole individual to contest his conviction. He was originally handed a term to nine years in prison, a punishment raised on Thursday to a decade.

The lead state prosecutor, the prosecutor, had argued he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Evidence Presented

Dogan had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his town in the region to assault the victim, after notifying his wife he was going out, the court heard.

Pelicot, who was transported from segregation in prison to briefly testify at the appeal trial, told the court that the accused had been aware his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious without her consent.”

The trial became a central issue for a broader debate on rape culture in society as the defendant continued to say he was innocent and had not committed rape, arguing that because the victim's husband had invited him into the residence, his behavior had been permissible.

The panel in the higher court was presented with recorded footage of Gisèle Pelicot’s unresponsive form, comatose and snoring in a comatose state, while a smiling Dogan engaged in violation on several occasions over a timeframe of what police said was 3.5 hours. The judge said she had been at risk of death by asphyxiation. The state prosecution said there was absolute certainty that she had been unaware and had not given permission.

Dogan's Claims

The defendant told the court the videos were simply “sexual encounters” and denied it was violation. He said what he did was “a sexual act”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was permissible. He said he was deceived by the husband. “I attempted to cease,” the accused informed the court. “I proceeded because he persuaded me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to hurt that woman.”

Victim's Response

The victim, who was applauded upon departing the trial each day by supporters present to support her, addressed the defendant in court: “You fail to comprehend. When will you acknowledge you raped me? It’s a crime to rape an unconscious woman. When did I ever give you consent? 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.”

State's Argument

Sie, speaking to Gisèle Pelicot in court, said Dogan’s failure to take accountability showed that: “Shame has not yet changed sides. Society is maybe in the midst of that, maybe propelled by the collective awareness spurred by the revelation of your case.”

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

Sie told the defendant: “While you refuse to admit it, it’s not just a individual, it’s an whole disturbing cultural framework that you are supporting.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a concierge. The testimony revealed that his father was abusive and that Dogan began using drugs aged ten. When Dogan was seventeen he was apprehended by authorities for dealing drugs and his father forced him to leave the family house. He served time in prison for trafficking in his twenties and had worked as a construction worker but had faced periods of homelessness.

He was married and had a child with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The court heard his wife did not know he had repeated intimate relations outside their union. His legal team said this was his strategy for managing with his difficult circumstances. The defendant had informed a mental health expert that once a year he looked for paid sex on his birthday. His attorneys informed the court he had joint inflammation resulting from the stress of the first trial.