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A defendant has been found guilty on higher court review of raping Gisèle Pelicot following she was sedated by her spouse – and received his prison sentence extended to ten years.

Appeal Trial

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

A panel of nine jurors, sitting with three judges, ruled against Dogan on Thursday of raping the victim in her home in Provence in the morning of June 29, 2019.

The evidence showed that the accused, a family man, connected with the victim's spouse, the husband, in an online chatroom named “without her consent”, where Pelicot was looking for men to visit his house to assault his wife after he had rendered her unconscious into a unconscious state.

“We hope the panel will declare that in this society, fundamental rights are also rights of women – that agreement is individual, not transferred,” said Gisèle Pelicot’s attorney, her legal representative. “Consent is obtained personally and not through someone else from a spouse.”

Background

The husband, among the most severe sex offenders in France's contemporary records, was given a prison term to two decades in prison last year for sedating his wife at the time and soliciting dozens of men to rape her in her home in the Provence village of the village of Mazan over a period of many years of their marriage.

Numerous other individuals were found guilty in a high-profile trial last year, and the appellant was the sole individual to contest his verdict. He was originally sentenced to 9 years in prison, a penalty increased on Thursday to 10 years.

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

Courtroom Details

The defendant had first sent the husband sexually explicit photos and then traveled an hour from his village in Provence to assault Gisèle Pelicot, after informing his wife he was going out, the court heard.

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

The trial became a central issue for a wider discussion on rape culture in society as Dogan continued to say he was not guilty and had not committed rape, arguing that because Gisèle Pelicot’s husband had allowed him into the room, his actions had been acceptable.

The jury in the higher court was shown recorded footage of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a deep sleep, while a grinning Dogan committed rape repeatedly over a duration of what police said was 3.5 hours. The judge said she had been at risk of death by suffocation. The state's case said there was absolute certainty that she had been incapacitated and had not given permission.

Defendant's Statements

The defendant informed the court the videos were simply “sexual encounters” and denied it was violation. He said what he did was “an intimate behavior”, not assault. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” Dogan stated to the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I had no desire to harm that individual.”

Victim's Response

The victim, who was cheered upon leaving court each day by onlookers assembled to support her, addressed Dogan in court: “You do not grasp. When will you acknowledge you violated me? It is unlawful to rape an incapacitated woman. When did I ever give you agreement? Not once.”

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

State's Argument

The prosecutor, turning to the victim in court, said Dogan’s failure to take blame showed that: “The shame remains. Society is maybe in the process of that, maybe propelled by the collective awareness resulting from the exposure of your ordeal.”

Sie said Dogan’s claims of innocence showed how societal tolerance was still widespread in society as part of “outdated” forms of “male domination”. He said: “Now we must change rape culture to a ethos of permission.”

Sie said to the defendant: “As long as you refuse to admit it, it’s not just a individual, it’s an complete sordid societal structure that you are supporting.”

Biographical Details

Dogan was originated from Turkey and at the age of 5 moved to France, where his father worked as a concierge. The testimony revealed that his parent was abusive and that Dogan began smoking cannabis aged ten. When Dogan was 17 he was stopped by authorities for selling narcotics and his parent kicked him out of home. He spent time in prison for trafficking in his young adulthood and had worked as a builder but had undergone periods of homelessness.

He was wed and had a son with special needs, who he was the main caregiver for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had repeated sexual encounters outside their marriage. His defence said this was his method of dealing with his challenging existence. The defendant had told a court psychologist that annually he looked for transactional encounters on his special day. His attorneys stated to the court he had joint inflammation caused by the stress of the first trial.