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A defendant was convicted on appeal of raping Gisèle Pelicot following she was sedated by her spouse – and has had his jail term extended to 10 years.

Higher Court Case

The defendant, forty-four, an unemployed builder, who had appealed his first conviction last year, underwent a new trial this week at the higher court in Nîmes.

A panel of nine jurors, accompanied by three judges, found Dogan guilty on Thursday of raping the victim in her home in Provence in the morning of 29 June 2019.

The testimony revealed that the accused, a married father, made contact with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an internet forum titled “without her consent”, where the husband was recruiting men to come to his home to rape his wife once he had drugged her into a deep sleep.

“We hope the jury will affirm that in this country, fundamental rights are also rights of women – that permission is individual, not transferred,” said Gisèle Pelicot’s attorney, her legal representative. “Agreement is obtained directly and not by proxy from a husband.”

Background

Dominique Pelicot, among the most severe sexual predators in France's contemporary records, was given a prison term to 20 years in prison last year for incapacitating his then wife and bringing in numerous individuals to rape her in her home in the town of the village of Mazan over a span of many years of their marriage.

Numerous other individuals were found guilty in a widely publicized trial last year, and Dogan was the only man to challenge his sentence. He was initially given a sentence to nine years in prison, a punishment raised on Thursday to a decade.

The chief prosecutor, the prosecutor, had argued he should serve twelve years, because he “absolutely refuses to take any accountability”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot graphic images and then driven an hour from his town in Provence to assault Gisèle Pelicot, after notifying his wife he was stepping out, the evidence indicated.

Pelicot, who was transported from segregation in prison to briefly provide testimony at the retrial, informed the court that the accused had known his wife had been “sedated” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her without her consent.”

The courtroom became a central issue for a larger conversation on sexual violence norms in society as the defendant continued to say he was blameless and had not perpetrated assault, arguing that because the victim's husband had welcomed him into the room, his behavior had been permissible.

The jury in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s unresponsive form, sedated and snoring in a unconscious condition, while a smiling Dogan engaged in violation repeatedly over a period of what police said was three and a half hours. The judge said she had been at risk of death by suffocation. The prosecution said there was absolute certainty that she had been unaware and had not given permission.

Dogan's Claims

Dogan told the court the footage 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 never raped.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was OK. He said he was manipulated by the husband. “I tried to halt,” Dogan informed the court. “I continued because he convinced me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I had no desire to harm that lady.”

Victim's Response

Gisèle Pelicot, who was applauded upon leaving court each day by supporters gathered to stand with her, said to Dogan in court: “You do not grasp. When are you going to recognise you assaulted me? It is unlawful to rape an incapacitated woman. How could I have give you agreement? Never.”

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

Legal Commentary

Sie, speaking to the victim in court, said Dogan’s unwillingness to take blame showed that: “The shame remains. The community is perhaps in the course of that, perhaps propelled by the collective awareness brought by the publication of your case.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change the culture of violence to a culture of consent.”

Sie told Dogan: “For as much as you deny it, it’s not just a person, it’s an complete unpleasant cultural framework that you are supporting.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of 5 came to the nation of France, where his father worked as a caretaker. The court heard that his father was violent and that the defendant began smoking cannabis aged 10. When he was 17 he was stopped by authorities for dealing drugs and his parent kicked him out the family house. He was incarcerated in prison for trafficking in his twenties and had worked as a laborer but had faced periods of living on the streets.

He was married and had a son with special needs, who he was the primary guardian for, as his spouse worked in a school canteen. The testimony revealed his spouse did not know he had frequent sexual encounters beyond their marriage. His legal team said this was his strategy for managing with his challenging existence. The defendant had stated to a mental health expert that annually he looked for paid sex on his special day. His legal representatives stated to the court he had joint inflammation triggered by the pressure of the first trial.