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A man was declared guilty on retrial of raping Gisèle Pelicot after she was sedated by her then-husband – and was given his prison sentence extended to a decade.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had contested his first conviction last year, faced a appeal hearing this week at the appeals court in Nîmes.

A jury of nine jurors, joined by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her residence in the south of France in the morning of June 29, 2019.

The evidence showed that Dogan, a married father, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom named “without her consent”, where Pelicot was seeking men to visit his house to rape his wife after he had drugged her into a unconscious state.

We trust the panel will say loud and clear that in this nation, human rights are also rights of women – that permission is personal, not delegated,” said Gisèle Pelicot’s lawyer, her legal representative. “Consent is obtained directly and not via a representative from a spouse.”

Context

Dominique Pelicot, among the most severe sexual predators in France's contemporary records, was handed a sentence to two decades in prison last year for incapacitating his spouse and bringing in dozens of men to sexually assault her in her home in the Provence village of Mazan over a span of nearly ten years of their marriage.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and the appellant was the single defendant to challenge his sentence. He was first sentenced to 9 years in prison, a punishment raised on Thursday to 10 years.

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

Testimony and Proof

The defendant had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his residence in Provence to assault the victim, after informing his wife he was leaving, the evidence indicated.

Pelicot, who was transported from isolation in prison to temporarily give evidence at the hearing, told the court that the accused had been aware his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a central issue for a broader debate on rape culture in society as the defendant continued to assert he was not guilty and had not engaged in violation, contending that because the victim's husband had allowed him into the bedroom, his actions had been justifiable.

The jury in the higher court was displayed recorded footage of the victim's limp body, comatose and breathing heavily in a unconscious condition, while a grinning the perpetrator committed rape multiple times over a duration of what investigators stated was three and a half hours. The presiding judge said she had been at peril of death by asphyxiation. The prosecution said there was absolute certainty that she had been unconscious and had not given permission.

Accused's Testimony

Dogan told the court the videos were simply “sex scenes” and denied it was rape. He said what he did was “an intimate behavior”, not rape. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was acceptable. He said he was influenced by the husband. “I tried to halt,” the accused stated to the court. “I proceeded because he persuaded me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I never wanted to harm that lady.”

Victim's Response

Gisèle Pelicot, who was cheered upon leaving court each day by crowds gathered to back her, addressed the defendant in court: “You do not grasp. When will you admit you raped me? It is unlawful to assault an unconscious woman. At what point did I give you consent? At no time.”

The victim, seventy-two, 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.”

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said Dogan’s unwillingness to take blame showed that: “The shame remains. Society is maybe in the midst of that, possibly propelled by the collective awareness brought by the publication of your situation.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “patriarchal control”. He said: “We need to change the culture of violence to a culture of consent.”

Sie said to Dogan: “While you deny it, it’s not just a woman, it’s an complete sordid social system that you are endorsing.”

Biographical Details

Dogan was born in the country of Turkey and at the age of five came to the nation of France, where his parent worked as a caretaker. The testimony revealed that his father was violent and that the defendant began smoking cannabis aged 10. When Dogan was seventeen he was apprehended by police for drug trafficking and his parent evicted him the residence. He was incarcerated in prison for drug dealing in his early 20s and had worked as a laborer but had experienced periods of living on the streets.

He was wed and had a son with special needs, who he was the principal carer for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had regular sexual encounters outside their union. His legal team said this was his method of dealing with his difficult circumstances. Dogan had informed a evaluator that once a year he engaged in paid sex on his special day. His attorneys told the court he had a medical condition caused by the stress of the initial proceedings.