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An individual has been found guilty on appeal of raping Gisèle Pelicot following she was sedated by her spouse – and was given his prison sentence raised to 10 years.

Retrial Proceedings

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

A panel of five men and four women, sitting with three judges, found Dogan guilty on Thursday of raping 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 Gisèle Pelicot’s then husband, the husband, in an internet forum titled “without her consent”, where Pelicot was seeking men to come to his home to rape his wife after he had drugged her into a comatose state.

We expect the panel will declare that in this nation, human rights are also rights of women – that consent is personal, not delegated,” stated the victim's attorney, her legal representative. “Permission is secured personally and not via a representative from a husband.”

Context

Dominique Pelicot, a notorious sexual predators in modern French history, was handed a sentence to twenty years in prison last year for drugging his wife at the time and soliciting numerous individuals to sexually assault her in her home in the community of the village of Mazan over a span of many years of their union.

Dozens of additional defendants were found guilty in a notable trial last year, and Dogan was the sole individual to challenge his sentence. He was first handed a term to 9 years in prison, a punishment raised on Thursday to a decade.

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

Testimony and Proof

The defendant had initially sent the husband sexually explicit photos and then driven an hour from his village in Provence to rape the victim, after informing his wife he was leaving, the testimony revealed.

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

The proceedings became a key topic for a broader debate on societal attitudes in society as the defendant continued to assert he was blameless and had not engaged in violation, contending that because Gisèle Pelicot’s husband had allowed him into the bedroom, his conduct had been permissible.

The panel in the higher court was shown video evidence of Gisèle Pelicot’s unresponsive form, sedated and snoring in a unconscious condition, while a smiling the perpetrator performed assault on several occasions over a timeframe of what authorities reported was 3.5 hours. The court official said she had been at risk of death by suffocation. The state prosecution said there was no doubt that she had been unconscious and had not given permission.

Accused's Testimony

The defendant stated to the court the videos were simply “sex scenes” and rejected it was assault. He said what he did was “a sexual act”, not rape. He stated the court: “I did not commit rape.” He said the victim's husband had allowed him to the house, and therefore it was acceptable. He said he was manipulated by the husband. “I attempted to cease,” the accused told the court. “I carried on because he persuaded me.”

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

Survivor's Statement

The survivor, who was supported upon exiting the courtroom each day by supporters gathered to support her, told Dogan in court: “You do not grasp. When will you acknowledge you violated me? It’s a crime to rape an unconscious woman. At what point did I give you consent? Never.”

Gisèle Pelicot, seventy-two, became an global icon after she waived her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, addressing the victim in court, said the defendant's failure to take accountability showed that: “Shame has not yet changed sides. The community is possibly in the course of that, possibly motivated by the public consciousness brought by the revelation of your ordeal.”

Sie said the defendant's claims of blamelessness showed how societal tolerance was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change rape culture to a culture of consent.”

The prosecutor told the defendant: “As long as you refuse to admit it, it’s not just a individual, it’s an complete sordid social system that you are upholding.”

Defendant's Background

The accused was born in the country of Turkey and at the age of five moved to France, where his father worked as a caretaker. The evidence indicated that his father was aggressive and that Dogan began smoking cannabis at the age of 10. When he was 17 he was caught by authorities for dealing drugs and his father kicked him out of home. He spent time in prison for trafficking in his young adulthood and had worked as a construction worker but had experienced periods of living on the streets.

He was wed and had a son with a genetic condition, who he was the primary guardian for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had regular sexual encounters outside their union. His defence said this was his method of dealing with his challenging existence. The defendant had stated to a mental health expert that each year he engaged in paid sex on his birthday. His attorneys told the court he had a medical condition triggered by the pressure of the first trial.