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A defendant was declared guilty on appeal of raping Gisèle Pelicot following she was drugged unconscious by her spouse – and was given his prison sentence extended to 10 years.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, experienced a new trial this week at the higher court in Nîmes.

A panel of four women and five men, sitting with three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in the south of France in the morning of June 29, 2019.

The court heard that the accused, a family man, made contact with Gisèle Pelicot’s husband at the time, the husband, in an digital platform named “without her knowledge”, where the husband was recruiting men to visit his house to rape his wife once he had rendered her unconscious into a deep sleep.

“We hope the court will declare that in this country, fundamental rights are also women’s rights – that consent is individual, not delegated,” declared the victim's attorney, her legal representative. “Consent is obtained directly and not through someone else from a spouse.”

Context

The ex-husband, one of the worst sex offenders in recent French history, was given a prison term to 20 years in prison last year for incapacitating his then wife and inviting dozens of men to sexually assault her in her home in the town of Mazan over a span of nearly ten years of their marriage.

Numerous other individuals were found convicted in a widely publicized trial last year, and Dogan was the sole individual to appeal against his sentence. He was initially handed a term to 9 years in prison, a sentence raised on Thursday to a decade.

The chief prosecutor, Dominique Sie, had stated he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

Dogan had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his residence in Provence to assault the victim, after informing his wife he was going out, the evidence indicated.

The ex-husband, who was transported from isolation in prison to briefly provide testimony at the appeal trial, informed the court that the accused had been aware his wife had been “sedated” and he told to men by phone: “I want someone to assault my wife after I’ve sedated her without her knowledge.”

The courtroom became a focus point for a wider discussion on sexual violence norms in society as Dogan continued to assert he was blameless and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had allowed him into the bedroom, his actions had been acceptable.

The panel in the higher court was shown recorded footage of Gisèle Pelicot’s unresponsive form, sedated and snoring in a comatose state, while a smiling the perpetrator committed rape multiple times over a duration of what authorities reported was several hours. The court official said she had been at peril of fatal outcome by choking. The prosecution said there was absolute certainty that she had been unconscious and had not given permission.

Defendant's Statements

The defendant informed the court the footage were simply “intimate moments” and disputed it was assault. He said what he did was “a sexual act”, not assault. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I continued because he reassured me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I did not intend to hurt that individual.”

Pelicot's Words

The victim, who was supported upon departing the trial each day by crowds gathered to back her, told Dogan in court: “You fail to comprehend. When are you going to recognise you raped me? It is illegal to rape an incapacitated woman. When did I ever give you consent? Never.”

Gisèle Pelicot, seventy-two, became an global icon after she gave up her right to anonymity in the trial last year when she said: “The shame should shift.”

Legal Commentary

The prosecutor, turning to the victim in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. The public is possibly in the course of that, maybe motivated by the collective awareness resulting from the revelation of your ordeal.”

The prosecutor said Dogan’s claims of non-guilt showed how normalized violence was still widespread in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change rape culture to a society based on agreement.”

The prosecutor addressed Dogan: “As long as you reject it, it’s not just a individual, it’s an whole disturbing cultural framework that you are upholding.”

Personal History

Dogan was originated from the country of Turkey and at the age of 5 moved to France, where his father worked as a caretaker. The court heard that his father was abusive and that Dogan began smoking cannabis at the age of ten. When Dogan was 17 he was caught by police for dealing drugs and his parent forced him to leave the family house. He served time in prison for drug dealing in his twenties and had worked as a construction worker but had undergone periods of living on the streets.

He was married and had a child with Down’s syndrome, who he was the principal carer for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had regular sexual encounters outside their union. His legal team said this was his strategy for managing with his stressful life. The defendant had informed a evaluator that annually he looked for transactional encounters on his birthday. His legal representatives stated to the court he had arthritis triggered by the stress of the initial proceedings.