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An individual was declared guilty on higher court review of raping Gisele Pelicot following she was drugged unconscious by her spouse – and received his prison sentence increased to 10 years.

Appeal Trial

Dogan, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, experienced a appeal hearing this week at the higher court in Nîmes.

A jury of five men and four women, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her residence in southern France in the morning of 29 June 2019.

The testimony revealed that the accused, a married father, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom named “without her consent”, where Pelicot was looking for men to enter his residence to rape his wife once he had drugged her into a comatose state.

We expect the jury will declare that in this society, fundamental rights are also women’s rights – that agreement is individual, not delegated,” declared the victim's attorney, her legal representative. “Permission is secured personally and not by proxy from a husband.”

Case History

Dominique Pelicot, one of the worst sex offenders in France's contemporary records, was given a prison term to 20 years in prison last year for sedating his wife at the time and bringing in multiple perpetrators to sexually assault her in her home in the community of the village of Mazan over a period of many years of their marriage.

Fifty other men were found guilty in a widely publicized trial last year, and Dogan was the only man to appeal against his conviction. He was first sentenced to nine years in prison, a punishment raised on Thursday to 10 years.

The state's attorney, Dominique Sie, had stated he should serve twelve years, because he “stubbornly rejects to take any blame”.

Evidence Presented

Dogan had initially sent the husband sexually explicit photos and then driven an hour from his town in Provence to rape the victim, after notifying his wife he was stepping out, the court heard.

The ex-husband, who was brought from segregation in prison to temporarily testify at the retrial, informed the court that Dogan had known his wife had been “incapacitated” and he told to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious without her consent.”

The trial became a central issue for a wider discussion on societal attitudes in society as Dogan continued to claim he was innocent and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had invited him into the residence, his conduct had been acceptable.

The jury in the higher court was displayed recorded footage of the victim's unconscious figure, unconscious and snoring in a unconscious condition, while a grinning the perpetrator committed rape multiple times over a duration of what police said was several hours. The presiding judge said she had been at risk of fatal outcome by choking. The prosecution said there was no question that she had been incapacitated and had not given permission.

Accused's Testimony

The defendant told the court the videos were simply “sexual encounters” and disputed it was rape. He said what he did was “a consensual activity”, not rape. He stated the court: “I am innocent of assault.” He said the victim's husband had invited him to the house, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan stated to the court. “I continued because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to harm that individual.”

Survivor's Statement

Gisèle Pelicot, who was supported upon leaving court each day by onlookers present to support her, told the defendant in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is unlawful to rape an incapacitated woman. When did I ever give you consent? Not once.”

Gisèle Pelicot, 72, became an international feminist hero after she relinquished her right to privacy in the trial last year when she said: “The shame should shift.”

Legal Commentary

The prosecutor, addressing the victim in court, said Dogan’s unwillingness to take accountability showed that: “The shame remains. The community is maybe in the course of that, possibly propelled by the public consciousness brought by the revelation of your ordeal.”

Sie said Dogan’s claims of blamelessness showed how rape culture was still common in society as part of “outdated” forms of “male domination”. He said: “We need to change rape culture to a culture of consent.”

Sie told Dogan: “For as much as you reject it, it’s not just a woman, it’s an entire disturbing societal structure that you are endorsing.”

Personal History

Dogan was originated from the country of Turkey and at the age of 5 relocated to the nation of France, where his father worked as a caretaker. The evidence indicated that his parent was violent and that Dogan began using drugs aged ten. When he was seventeen he was caught by authorities for selling narcotics and his father evicted him the residence. He spent time in prison for drug dealing in his twenties and had worked as a laborer but had undergone periods of homelessness.

He was married and had a child with a genetic condition, who he was the principal carer for, as his wife worked in a educational cafeteria. The testimony revealed his wife did not know he had frequent sexual encounters beyond their union. His legal team said this was his way of coping with his stressful life. Dogan had stated to a mental health expert that once a year he sought commercial sex on his birthday. His attorneys stated to the court he had a medical condition caused by the pressure of the original case.