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A defendant was convicted on higher court review of raping Gisele Pelicot following she was sedated by her husband – and received his prison sentence raised to ten years.

Retrial Proceedings

The defendant, 44, an out-of-work construction worker, who had challenged his first conviction last year, faced a appeal hearing this week at the higher court in Nîmes.

A panel of four women and five men, joined by three judges, ruled against Dogan on Thursday of raping Pelicot in her home in Provence in the morning of 29 June 2019.

The testimony revealed that Dogan, a married father, made contact with Gisèle Pelicot’s then husband, the husband, in an internet forum named “without her consent”, where the husband was recruiting men to visit his house to rape his wife after he had rendered her unconscious into a deep sleep.

“We hope the jury will declare that in this nation, human rights are also rights of women – that consent is individual, not delegated,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is received directly and not by proxy from a spouse.”

Background

Dominique Pelicot, a notorious sex offenders in modern French history, was handed a sentence to twenty years in prison last year for drugging his spouse and soliciting dozens of men to sexually assault her in her home in the town of Mazan over a period of almost a decade of their union.

Dozens of additional defendants were found guilty in a notable trial last year, and Dogan was the sole individual to contest his verdict. He was originally sentenced to nine years in prison, a punishment increased on Thursday to 10 years.

The state's attorney, Dominique Sie, had argued he should serve twelve years, because he “stubbornly rejects to take any blame”.

Testimony and Proof

Dogan had initially sent the husband sexually explicit photos and then traveled an hour from his residence in the region to assault Gisèle Pelicot, after telling his wife he was stepping out, the testimony revealed.

The ex-husband, who was transported from segregation in prison to briefly testify at the hearing, stated to the court that Dogan had understood his wife had been “drugged” and he said to men by phone: “I want someone to assault my wife after I’ve sedated her without her consent.”

The proceedings became a focus point for a broader debate on rape culture in society as Dogan continued to say he was innocent and had not perpetrated assault, arguing that because the victim's husband had invited him into the bedroom, his behavior had been justifiable.

The jury in the higher court was displayed video evidence of Gisèle Pelicot’s unresponsive form, comatose and breathing heavily in a unconscious condition, while a grinning Dogan engaged in violation on several occasions over a period of what investigators stated was several hours. The judge said she had been at peril of fatal outcome by choking. The state prosecution said there was absolute certainty that she had been unconscious and had not consented.

Dogan's Claims

Dogan stated to the court the footage were simply “sexual encounters” and disputed it was rape. He said what he did was “an intimate behavior”, not assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I carried on because he persuaded me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I did not intend to harm that individual.”

Pelicot's Words

The survivor, who was applauded upon leaving court each day by onlookers assembled to back her, told Dogan in court: “You do not grasp. When will you admit you violated me? It is illegal to assault an unconscious woman. When did I ever give you consent? Not once.”

The victim, 72, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “The shame should shift.”

State's Argument

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's unwillingness to take blame showed that: “The shame remains. The public is possibly in the course of that, perhaps motivated by the societal understanding brought by the exposure of your case.”

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

Sie told Dogan: “While you reject it, it’s not just a person, 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 relocated to France, where his father worked as a concierge. The court heard that his father was abusive and that Dogan began smoking cannabis aged ten. When he was 17 he was apprehended by police for drug trafficking and his father forced him to leave the residence. He served time in prison for narcotics offenses in his early 20s and had worked as a construction worker but had undergone periods of living on the streets.

He was wed and had a child with Down’s syndrome, 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 extramarital activities beyond their marriage. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had informed a evaluator that annually he looked for commercial sex on his birthday. His lawyers stated to the court he had joint inflammation resulting from the pressure of the initial proceedings.