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A defendant was declared guilty on appeal of raping Gisèle Pelicot after she was sedated by her spouse – and was given his jail term increased to ten years.

Higher Court Case

Dogan, forty-four, an unemployed builder, who had challenged his initial guilty verdict last year, experienced a new trial this week at the higher court in Nîmes.

A jury of four women and five men, sitting with three judges, found Dogan guilty on Thursday of raping the victim in her home in the south of France in the morning of June 29, 2019.

The evidence showed that Dogan, a family man, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom titled “without her consent”, where Pelicot was looking for men to enter his residence to rape his wife after he had rendered her unconscious into a unconscious state.

We trust the panel will affirm that in this society, fundamental rights are also women’s rights – that permission is personal, not given by another,” declared the victim's attorney, her legal representative. “Agreement is secured personally and not by proxy from a spouse.”

Background

The husband, a notorious sex offenders in modern French history, was given a prison term to 20 years in prison last year for sedating his spouse and soliciting dozens of men to sexually assault her in her home in the town of Mazan over a period of many years of their union.

Fifty other men were found guilty in a notable trial last year, and the appellant was the sole individual to challenge his conviction. He was originally sentenced to 9 years in prison, a punishment increased on Thursday to a decade.

The chief prosecutor, the prosecutor, had argued he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Evidence Presented

The defendant had initially sent Dominique Pelicot graphic images and then driven an hour from his village in the region to assault the victim, after notifying his wife he was stepping out, the court heard.

Pelicot, who was transported from solitary confinement in prison to briefly give evidence at the hearing, informed the court that the accused had understood his wife had been “sedated” and he said to men by phone: “I want someone to abuse my wife after I’ve sedated her without her knowledge.”

The proceedings became a central issue for a broader debate on sexual violence norms in society as the defendant continued to say he was blameless and had not engaged in violation, stating that because Gisèle Pelicot’s husband had welcomed him into the room, his conduct had been permissible.

The panel in the higher court was presented with video evidence of Gisèle Pelicot’s unresponsive form, unconscious and snoring in a deep sleep, while a grinning Dogan committed rape repeatedly over a period of what police said was three and a half hours. The presiding judge said she had been at danger of death by asphyxiation. The state prosecution said there was no doubt that she had been unaware and had not agreed.

Accused's Testimony

Dogan told the court the footage were simply “intimate moments” and disputed it was rape. He said what he did was “an intimate behavior”, not assault. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was acceptable. He said he was influenced by the husband. “I attempted to cease,” Dogan informed the court. “I carried on because he persuaded me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I had no desire to hurt that individual.”

Victim's Response

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by onlookers gathered to stand with her, said to Dogan in court: “You haven’t understood. When are you going to recognise you violated me? It’s a crime to rape an unaware woman. When did I ever give you permission? At no time.”

The victim, 72, became an global icon after she gave up her right to privacy in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, addressing the victim in court, said Dogan’s refusal to take accountability showed that: “Shame has not yet changed sides. The public is perhaps in the midst of that, maybe driven by the public consciousness resulting from the exposure of your situation.”

The prosecutor said the defendant's claims of blamelessness showed how societal tolerance was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a society based on agreement.”

Sie told Dogan: “For as much as you reject it, it’s not just a woman, it’s an whole sordid cultural framework that you are endorsing.”

Biographical Details

The accused was originated from Turkey and at the age of 5 relocated to France, where his father worked as a caretaker. The testimony revealed that his father was aggressive and that Dogan began consuming marijuana aged ten. When he was seventeen he was caught by police for dealing drugs and his parent forced him to leave the family house. He spent time in prison for trafficking in his young adulthood and had worked as a construction worker but had undergone periods of homelessness.

He was married and had a child with special needs, who he was the primary guardian for, as his wife worked in a institution's dining hall. The testimony revealed his spouse did not know he had repeated intimate relations outside their union. His defence said this was his way of coping with his stressful life. The defendant had stated to a mental health expert that annually he engaged in commercial sex on his special day. His legal representatives informed the court he had joint inflammation resulting from the pressure of the first trial.