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An individual has been found guilty on higher court review of raping Gisèle Pelicot following she was sedated by her then-husband – and has had his incarceration period extended to a decade.

Higher Court Case

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

A jury of four women and five men, joined by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her home in Provence in the morning of June 29, 2019.

The court heard that the accused, a family man, connected with the victim's spouse, Dominique Pelicot, in an internet forum named “without her knowledge”, where the husband was looking for men to visit his house to rape his wife after he had sedated her into a deep sleep.

We trust the panel will say loud and clear that in this country, fundamental rights are also women’s rights – that consent is individual, not delegated,” stated Gisèle Pelicot’s attorney, her legal representative. “Consent is received personally and not through someone else from a husband.”

Context

The husband, one of the worst sex offenders in recent French history, was handed a sentence to twenty years in prison last year for sedating his wife at the time and bringing in dozens of men to rape her in her home in the town of the village of Mazan over a period of many years of their union.

Fifty other men were found convicted in a notable trial last year, and Dogan was the single defendant to contest his verdict. He was originally sentenced to nine years in prison, a sentence raised on Thursday to ten years.

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

Courtroom Details

The defendant had initially sent the husband inappropriate pictures and then driven an hour from his town in Provence to rape Gisèle Pelicot, after informing his wife he was stepping out, the testimony revealed.

The ex-husband, who was brought from solitary confinement in prison to temporarily give evidence at the appeal trial, stated to the court that the accused had known his wife had been “drugged” and he said 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 focus point for a wider discussion on sexual violence norms in society as the defendant continued to claim he was not guilty and had not committed rape, contending that because Gisèle Pelicot’s husband had allowed him into the bedroom, his behavior had been justifiable.

The panel in the Nîmes appeals court was displayed video evidence of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a comatose state, while a grinning the perpetrator committed rape repeatedly over a timeframe of what investigators stated was three and a half hours. The court official said she had been at danger of death by choking. The state's case said there was no question that she had been incapacitated and had not consented.

Accused's Testimony

Dogan told the court the videos were simply “sexual encounters” and disputed it was rape. He said what he did was “a consensual activity”, not assault. He declared the court: “I did not commit rape.” He said the victim's husband had brought him to the house, and therefore it was permissible. He said he was deceived by the husband. “I wanted to stop,” the accused told the court. “I proceeded because he persuaded me.”

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

Survivor's Statement

The survivor, who was applauded upon departing the trial each day by supporters gathered to back her, said to Dogan in court: “You fail to comprehend. When will you acknowledge you violated me? It is illegal to assault an unaware woman. How could I have give you consent? Never.”

Gisèle Pelicot, 72, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, speaking to the victim in court, said the defendant's failure to take accountability showed that: “Shame has not yet changed sides. Society is maybe in the midst of that, maybe motivated by the public consciousness spurred by the exposure of your situation.”

The prosecutor said the defendant's claims of blamelessness showed how normalized violence was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “Now we must change the culture of violence to a society based on agreement.”

The prosecutor told the defendant: “While you reject it, it’s not just a person, it’s an entire disturbing societal structure that you are endorsing.”

Biographical Details

Dogan was born in the country of Turkey and at the age of 5 relocated to France, where his parent worked as a concierge. The testimony revealed that his parent was violent and that the defendant began using drugs aged ten. When he was seventeen he was stopped by police for dealing drugs and his father evicted him the family house. He spent time in prison for drug dealing in his twenties and had worked as a construction worker but had undergone periods of homelessness.

He was wed and had a son with a genetic condition, 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 frequent sexual encounters beyond their union. His legal team said this was his method of dealing with his difficult circumstances. The defendant had informed a mental health expert that once a year he looked for paid sex on his special day. His legal representatives informed the court he had arthritis caused by the pressure of the original case.