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A defendant was declared guilty on higher court review of raping Gisele Pelicot after she was drugged unconscious by her spouse – and was given his incarceration period increased to ten years.

Higher Court Case

The defendant, 44, an unemployed builder, who had challenged his initial guilty verdict last year, underwent a appeal hearing this week at the Nîmes court of appeal.

A jury of nine jurors, joined by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her bedroom in southern France in the early hours of June 29, 2019.

The evidence showed that the accused, a family man, reached out to the victim's then husband, Dominique Pelicot, in an internet forum titled “unbeknownst to her”, where the husband was seeking men to visit his house to rape his wife after he had rendered her unconscious into a comatose state.

We trust the panel will say loud and clear that in this society, fundamental rights are also rights of women – that consent is individual, not transferred,” declared the victim's lawyer, her legal representative. “Agreement is obtained directly and not through someone else from a spouse.”

Background

The husband, one of the worst sex offenders in modern French history, was sentenced to twenty years in prison last year for incapacitating his wife at the time and bringing in numerous individuals to rape her in her home in the community of Mazan over a span of many years of their union.

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

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

Evidence Presented

Dogan had initially sent the husband sexually explicit photos and then driven an hour from his town in Provence to rape Gisèle Pelicot, after telling his wife he was going out, the testimony revealed.

Pelicot, who was brought from segregation in prison to temporarily provide testimony at the retrial, informed the court that the accused had understood his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a focus point for a wider discussion on sexual violence norms in society as Dogan continued to assert he was blameless and had not perpetrated assault, contending that because the victim's husband had invited him into the residence, his actions had been justifiable.

The panel in the higher court was shown recorded footage of the victim's unresponsive form, sedated and snoring in a unconscious condition, while a smiling Dogan performed assault multiple times over a timeframe of what authorities reported was three and a half hours. The court official said she had been at peril of death by choking. The state prosecution said there was no question that she had been unaware and had not agreed.

Dogan's Claims

Dogan informed the court the footage were simply “sexual encounters” and disputed it was violation. He said what he did was “a sexual act”, not rape. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was permissible. He said he was deceived by the husband. “I tried to halt,” Dogan told the court. “I proceeded because he persuaded me.”

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

Victim's Response

Gisèle Pelicot, who was cheered upon departing the trial each day by onlookers gathered to support her, told Dogan in court: “You haven’t understood. When are you going to recognise you assaulted me? It is unlawful to rape an incapacitated woman. How could I have give you agreement? At no time.”

The victim, seventy-two, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said Dogan’s unwillingness to take accountability showed that: “The shame remains. Society is possibly in the midst of that, possibly propelled by the societal understanding brought by the revelation of your case.”

Sie said Dogan’s claims of non-guilt showed how normalized violence was still widespread in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change rape culture to a ethos of permission.”

Sie said to the defendant: “As long as you refuse to admit it, it’s not just a woman, it’s an whole unpleasant societal structure that you are upholding.”

Personal History

Dogan was originated from the country of Turkey and at the age of 5 moved to France, where his parent worked as a building manager. The evidence indicated that his parent was abusive and that the defendant began smoking cannabis aged 10. When Dogan was 17 he was caught by police for dealing drugs and his father evicted him the residence. He spent time in prison for trafficking in his early 20s and had worked as a builder but had undergone periods of homelessness.

He was married and had a son with Down’s syndrome, who he was the main caregiver for, as his wife worked in a institution's dining hall. The testimony revealed his spouse did not know he had repeated extramarital activities outside their marriage. His defence said this was his strategy for managing with his difficult circumstances. Dogan had stated to a court psychologist that once a year he sought commercial sex on his birthday. His attorneys stated to the court he had arthritis caused by the stress of the initial proceedings.