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A man was declared guilty on higher court review of raping Gisèle Pelicot following she was sedated by her husband – and was given his prison sentence extended to 10 years.

Higher Court Case

Dogan, 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 five men and four women, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her bedroom in southern France in the morning of June 29, 2019.

The court heard that Dogan, a family man, connected with the victim's then husband, the husband, in an internet forum titled “without her knowledge”, where the husband was seeking men to enter his residence to rape his wife once he had drugged her into a comatose state.

We trust the jury will declare that in this country, fundamental rights are also rights of women – that consent is individual, not given by another,” declared the victim's attorney, her legal representative. “Agreement is secured directly and not through someone else from a spouse.”

Context

Dominique Pelicot, a notorious sexual predators in France's contemporary records, was sentenced to 20 years in prison last year for drugging his then wife and inviting multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a span of nearly ten years of their marriage.

Numerous other individuals were found convicted in a high-profile trial last year, and Dogan was the single defendant to appeal against his sentence. He was originally given a sentence to 9 years in prison, a sentence increased on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had contended he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Evidence Presented

Dogan had first sent Dominique Pelicot graphic images and then driven an hour from his residence in Provence to rape the victim, after notifying his wife he was leaving, the evidence indicated.

Pelicot, who was transported from isolation in prison to temporarily testify at the hearing, stated to the court that the accused had known his wife had been “drugged” and he communicated to men by phone: “I want someone to abuse my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a central issue for a wider discussion on societal attitudes in society as the defendant continued to say he was not guilty and had not engaged in violation, contending that because the victim's husband had welcomed him into the bedroom, his behavior had been justifiable.

The panel in the Nîmes appeals court was presented with visual proof of Gisèle Pelicot’s limp body, unconscious and snoring in a deep sleep, while a smiling the perpetrator performed assault repeatedly over a timeframe of what police said was several hours. The presiding judge said she had been at danger of fatal outcome by choking. The state's case said there was no question that she had been incapacitated and had not consented.

Defendant's Statements

The defendant told the court the videos were simply “sex scenes” and disputed 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 the victim's husband had allowed him to the residence, and therefore it was permissible. He said he was influenced by the husband. “I tried to halt,” Dogan told the court. “I continued because he reassured me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I did not intend to hurt that woman.”

Pelicot's Words

Gisèle Pelicot, who was cheered upon leaving court each day by onlookers present to back her, said to the defendant in court: “You fail to comprehend. When will you acknowledge you violated me? It’s a crime to rape an unconscious woman. How could I have give you permission? Never.”

The victim, 72, became an global icon after she relinquished her right to confidentiality in the trial last year when she said: “The shame should shift.”

Legal Commentary

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. The community is possibly in the course of that, maybe motivated by the public consciousness brought by the revelation of your situation.”

The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still common in society as part of “archaic” forms of “gender-based power”. He said: “We need to change rape culture to a culture of consent.”

The prosecutor addressed the defendant: “While you reject it, it’s not just a individual, it’s an whole unpleasant social system that you are upholding.”

Defendant's Background

Dogan was originated from Turkey and at the age of five moved to the nation of France, where his father worked as a building manager. The evidence indicated that his father was abusive and that the defendant began using drugs aged ten. When Dogan was seventeen he was caught by police for selling narcotics and his father forced him to leave the family house. He served time in prison for narcotics offenses in his early 20s and had worked as a laborer but had undergone periods of homelessness.

He was wed and had a son with special needs, who he was the principal carer for, as his spouse worked in a school canteen. The court heard his wife 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 informed a evaluator that each year he engaged in commercial sex on his special day. His lawyers stated to the court he had joint inflammation caused by the anxiety of the initial proceedings.