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An individual was declared guilty on higher court review of raping Gisele Pelicot following she was sedated by her then-husband – and received his incarceration period raised to 10 years.

Retrial Proceedings

Dogan, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, underwent a appeal hearing this week at the Nîmes court of appeal.

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

The evidence showed that Dogan, a family man, connected with Gisèle Pelicot’s then husband, the husband, in an digital platform called “unbeknownst to her”, where the husband was looking for men to come to his home to rape his wife once he had drugged her into a deep sleep.

“We hope the panel will affirm that in this country, human rights are also rights of women – that agreement is individual, not delegated,” declared the victim's attorney, Antoine Camus. “Agreement is obtained directly and not through someone else from a spouse.”

Background

Dominique Pelicot, a notorious sexual predators in France's contemporary records, was given a prison term to 20 years in prison last year for incapacitating his spouse and soliciting multiple perpetrators to rape her in her home in the Provence village of Mazan over a duration of nearly ten years 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 first sentenced to nine years in prison, a punishment raised on Thursday to 10 years.

The chief prosecutor, the prosecutor, had stated he should serve twelve years, because he “completely denies to take any responsibility”.

Evidence Presented

The defendant had first sent the husband graphic images and then traveled an hour from his village in the region to assault the victim, after informing his wife he was leaving, the court heard.

Pelicot, who was brought from segregation in prison to briefly provide testimony at the retrial, stated to the court that the accused had understood his wife had been “drugged” and he communicated to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a focus point for a wider discussion 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 welcomed him into the room, his behavior had been justifiable.

The panel in the higher court was displayed video evidence of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a deep sleep, while a grinning Dogan engaged in violation on several occasions over a duration of what police said was 3.5 hours. The court official said she had been at peril of fatal outcome by suffocation. The state's case said there was absolute certainty that she had been unconscious and had not consented.

Defendant's Statements

The defendant told the court the footage were simply “sex scenes” and disputed it was assault. He said what he did was “an intimate behavior”, not assault. He declared the court: “I did not commit rape.” He said the victim's husband had invited him to the home, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I carried on because he reassured me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to injure that woman.”

Survivor's Statement

The survivor, who was cheered upon departing the trial each day by supporters assembled to support her, addressed Dogan in court: “You haven’t understood. When are you going to recognise you raped me? It is illegal to assault an unconscious woman. When did I ever give you agreement? Never.”

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

State's Argument

Sie, turning to the victim in court, said the defendant's refusal to take responsibility showed that: “Shame has not yet changed sides. The community is possibly in the course of that, perhaps motivated by the public consciousness spurred by the revelation of your case.”

Sie 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: “It is imperative to change the culture of violence to a society based on agreement.”

The prosecutor told the defendant: “For as much as you deny it, it’s not just a person, it’s an whole sordid societal structure 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 building manager. The court heard that his parent was abusive and that Dogan began consuming marijuana at the age of 10. When he was 17 he was apprehended by authorities for selling narcotics 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 laborer but had faced periods of living on the streets.

He was married and had a child with special needs, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had repeated intimate relations beyond their marriage. His defence said this was his method of dealing with his challenging existence. Dogan had told a mental health expert that each year he engaged in paid sex on his special day. His attorneys told the court he had arthritis caused by the anxiety of the initial proceedings.