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An individual was declared guilty on appeal of raping Gisele Pelicot after she was sedated by her then-husband – and has had his jail term raised to 10 years.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, faced a retrial this week at the appeals court in Nîmes.

A jury of four women and five men, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her residence in Provence in the early hours of 29 June 2019.

The testimony revealed that Dogan, a married father, reached out to Gisèle Pelicot’s spouse, Dominique Pelicot, in an online chatroom titled “without her consent”, where the husband was looking for men to enter his residence to rape his wife once he had rendered her unconscious into a comatose state.

“We hope the jury will declare that in this nation, human rights are also women’s rights – that agreement is personal, not delegated,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is secured directly and not via a representative from a spouse.”

Context

Dominique Pelicot, one of the worst sex offenders in France's contemporary records, was handed a sentence to 20 years in prison last year for sedating his spouse and bringing in dozens of men to sexually assault her in her home in the Provence village of Mazan over a period of many years of their union.

Fifty other men were found convicted in a widely publicized trial last year, and the appellant was the sole individual to appeal against his verdict. He was originally sentenced to nine years in prison, a penalty raised on Thursday to ten years.

The state's attorney, Dominique Sie, had contended he should serve 12 years, because he “completely denies to take any responsibility”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot graphic images and then driven an hour from his village in the region to assault Gisèle Pelicot, after telling his wife he was going out, the court heard.

Pelicot, who was brought from segregation in prison to temporarily testify at the appeal trial, stated to the court that Dogan had understood his wife had been “sedated” and he communicated to men by phone: “I want someone to violate my wife after I’ve sedated her without her knowledge.”

The courtroom became a focus point for a wider discussion on societal attitudes in society as the defendant continued to assert he was innocent and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had invited him into the residence, his behavior had been permissible.

The jury in the higher court was displayed visual proof of the victim's unconscious figure, comatose and snoring in a unconscious condition, while a smiling the perpetrator committed rape multiple times over a timeframe of what police said was several hours. The court official said she had been at peril of death by suffocation. The state prosecution said there was no question that she had been unaware and had not given permission.

Accused's Testimony

The defendant stated to the court the videos were simply “intimate moments” and disputed it was violation. He said what he did was “a sexual act”, not assault. He stated the court: “I never raped.” He said the victim's husband had brought him to the house, and therefore it was OK. He said he was manipulated by the husband. “I wanted to stop,” the accused stated to the court. “I proceeded because he convinced me.”

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

Survivor's Statement

Gisèle Pelicot, who was cheered upon leaving court each day by onlookers assembled to stand with her, said to Dogan in court: “You do not grasp. When will you admit you violated me? It is unlawful to rape an incapacitated woman. At what point did I give you consent? At no time.”

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

Legal Commentary

Sie, turning to the victim in court, said the defendant's unwillingness to take responsibility showed that: “The shame remains. The community is possibly in the midst of that, maybe motivated by the public consciousness brought by the publication of your situation.”

The prosecutor said the defendant's claims of blamelessness showed how societal tolerance was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “Now we must change the culture of violence to a society based on agreement.”

Sie said to the defendant: “As long as you refuse to admit it, it’s not just a woman, it’s an complete disturbing societal structure that you are upholding.”

Personal History

The accused was originated from Turkey and at the age of five moved to France, where his parent worked as a concierge. The evidence indicated that his parent was violent and that Dogan began using drugs aged 10. When Dogan was seventeen he was apprehended by authorities for selling narcotics and his father kicked him out the residence. He served time in prison for drug dealing in his young adulthood and had worked as a construction worker but had experienced periods of living on the streets.

He was married and had a child with a genetic condition, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The evidence showed his spouse did not know he had regular intimate relations beyond their union. His defence said this was his way of coping with his challenging existence. Dogan had told a court psychologist that annually he engaged in commercial sex on his special day. His lawyers told the court he had arthritis caused by the anxiety of the original case.