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A defendant was convicted on higher court review of raping Gisele Pelicot after she was drugged unconscious by her spouse – and was given his jail term extended to a decade.

Retrial Proceedings

The defendant, 44, an unemployed builder, who had appealed his initial guilty verdict last year, faced a new trial this week at the Nîmes court of appeal.

A panel of five men and four women, joined by three judges, found Dogan guilty on Thursday of raping the victim in her residence in the south of France in the morning of 29 June 2019.

The evidence showed that Dogan, a family man, reached out to Gisèle Pelicot’s then husband, the husband, in an digital platform called “without her knowledge”, where the husband was looking for men to enter his residence to rape his wife once he had rendered her unconscious into a unconscious state.

We trust the jury will affirm that in this nation, fundamental rights are also women’s rights – that permission is personal, not given by another,” stated the victim's lawyer, Antoine Camus. “Agreement is secured directly and not by proxy from a spouse.”

Context

Dominique Pelicot, a notorious sex offenders in modern French history, was given a prison term to twenty years in prison last year for incapacitating his then wife and bringing in numerous individuals to rape her in her home in the town of Mazan over a duration of many years of their union.

Fifty other men were found convicted in a widely publicized trial last year, and the appellant was the only man to appeal against his sentence. He was initially sentenced to 9 years in prison, a sentence raised on Thursday to ten years.

The lead state prosecutor, the prosecutor, had contended he should serve 12 years, because he “completely denies to take any responsibility”.

Testimony and Proof

The defendant had initially sent the husband sexually explicit photos and then driven an hour from his residence in Provence to rape the victim, after notifying his wife he was stepping out, the evidence indicated.

Pelicot, who was brought from segregation in prison to briefly provide testimony at the appeal trial, informed the court that Dogan had known his wife had been “incapacitated” and he said 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 key topic for a broader debate on sexual violence norms in society as Dogan continued to claim he was blameless and had not engaged in violation, contending that because Gisèle Pelicot’s husband had invited him into the room, his conduct had been permissible.

The panel in the higher court was shown video evidence of Gisèle Pelicot’s unresponsive form, unconscious and snoring in a unconscious condition, while a grinning the perpetrator committed rape on several occasions over a timeframe of what investigators stated was 3.5 hours. The judge said she had been at danger of death by asphyxiation. The prosecution said there was no doubt that she had been incapacitated and had not consented.

Defendant's Statements

Dogan told the court the footage were simply “sex scenes” and disputed it was assault. He said what he did was “a consensual activity”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused informed the court. “I proceeded because he convinced me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I did not intend to hurt that individual.”

Victim's Response

The victim, who was cheered upon departing the trial each day by supporters gathered to stand with her, said to the defendant in court: “You do not grasp. When are you going to recognise you raped me? It’s a crime to rape an unconscious woman. How could I have give you permission? At no time.”

Gisèle Pelicot, 72, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, addressing the victim in court, said the defendant's refusal to take responsibility showed that: “The shame remains. Society is perhaps in the process of that, possibly motivated by the societal understanding brought by the exposure of your situation.”

The prosecutor said Dogan’s claims of blamelessness showed how normalized violence was still prevalent in society as part of “archaic” forms of “male domination”. He said: “We need to change rape culture to a ethos of permission.”

Sie addressed the defendant: “For as much as you deny it, it’s not just a person, it’s an whole unpleasant cultural framework that you are supporting.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of five relocated to the nation of France, where his father worked as a caretaker. The court heard that his parent was aggressive and that the defendant began smoking cannabis at the age of ten. When Dogan was 17 he was caught by authorities for selling narcotics and his parent kicked him out the family house. He spent time in prison for trafficking in his twenties and had worked as a builder but had undergone periods of being unhoused.

He was married and had a son with Down’s syndrome, who he was the main caregiver 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 legal team said this was his strategy for managing with his challenging existence. Dogan had stated to a court psychologist that annually he looked for transactional encounters on his special day. His legal representatives informed the court he had joint inflammation resulting from the pressure of the initial proceedings.