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A defendant has been found guilty on higher court review of raping Gisèle Pelicot following she was drugged unconscious by her then-husband – and has had his jail term raised to ten years.

Appeal Trial

Dogan, 44, an unemployed builder, who had appealed his first conviction last year, underwent a retrial this week at the appeals court in Nîmes.

A panel of nine jurors, joined by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her bedroom in the south of France in the morning of June 29, 2019.

The court heard that the accused, a family man, reached out to the victim's spouse, Dominique Pelicot, in an online chatroom called “unbeknownst to her”, where the husband was seeking men to come to his home to assault his wife after he had drugged her into a deep sleep.

We expect the jury will affirm that in this nation, fundamental rights are also rights of women – that consent is individual, not given by another,” stated the victim's attorney, Antoine Camus. “Consent is secured directly and not by proxy from a husband.”

Background

Dominique Pelicot, one of the worst sexual predators in recent French history, was handed a sentence to 20 years in prison last year for incapacitating his wife at the time and bringing in multiple perpetrators to rape her in her home in the Provence village of Mazan over a duration of nearly ten years of their marriage.

Numerous other individuals were found guilty in a notable trial last year, and the appellant 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 lead state prosecutor, the prosecutor, had contended he should serve 12 years, because he “completely denies to take any responsibility”.

Courtroom Details

The defendant had initially sent the husband inappropriate pictures and then traveled an hour from his residence in the region to assault Gisèle Pelicot, after informing his wife he was stepping out, the evidence indicated.

Pelicot, who was brought from segregation in prison to temporarily testify at the appeal trial, told the court that Dogan had been aware his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a central issue for a wider discussion on rape culture in society as the defendant continued to claim he was innocent and had not committed rape, arguing that because Gisèle Pelicot’s husband had allowed him into the bedroom, his behavior had been justifiable.

The jury in the higher court was displayed visual proof of the victim's unresponsive form, unconscious and snoring in a comatose state, while a grinning Dogan engaged in violation multiple times over a period of what authorities reported was several hours. The court official said she had been at risk of death by suffocation. The prosecution said there was no doubt that she had been unconscious and had not consented.

Defendant's Statements

The defendant stated to the court the footage were simply “intimate moments” and disputed it was assault. He said what he did was “an intimate behavior”, not assault. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was permissible. He said he was manipulated by the husband. “I tried to halt,” the accused told the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to harm that individual.”

Victim's Response

Gisèle Pelicot, who was supported upon departing the trial each day by onlookers assembled to stand with her, said to the defendant in court: “You haven’t understood. When will you admit you violated me? It is unlawful to assault an unaware woman. When did I ever give you agreement? Not once.”

Gisèle Pelicot, seventy-two, became an global icon after she gave up her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, speaking to the victim in court, said the defendant's failure to take responsibility showed that: “Guilt has not shifted. The public is possibly in the process of that, maybe propelled by the public consciousness resulting from the exposure of your case.”

Sie said the defendant's claims of non-guilt showed how normalized violence was still prevalent in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

The prosecutor said to the defendant: “As long as you deny it, it’s not just a woman, it’s an complete disturbing societal structure that you are supporting.”

Defendant's Background

The accused was originated from Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a concierge. The court heard that his father was violent and that the defendant began using drugs aged 10. When he was 17 he was stopped by police for drug trafficking and his parent kicked him out the family house. He served time in prison for drug dealing in his young adulthood and had worked as a construction worker but had experienced periods of being unhoused.

He was married and had a child with a genetic condition, 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 sexual encounters outside their marriage. His defence said this was his way of coping with his challenging existence. The defendant had informed a mental health expert that annually he looked for paid sex on his birthday. His attorneys stated to the court he had a medical condition caused by the pressure of the original case.