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An individual has been found guilty on appeal of raping Gisèle Pelicot following she was sedated by her then-husband – and has had his incarceration period increased to a decade.

Higher Court Case

The defendant, 44, an out-of-work construction worker, who had challenged his first conviction last year, experienced a new trial this week at the appeals court in Nîmes.

A jury of four women and five men, sitting with three judges, found Dogan guilty on Thursday of raping the victim in her bedroom in Provence in the morning of June 29, 2019.

The evidence showed that Dogan, a family man, reached out to the victim's spouse, Dominique Pelicot, in an internet forum titled “without her consent”, where the husband was looking for men to enter his residence to assault his wife once he had drugged her into a comatose state.

“We hope the panel will affirm that in this country, human rights are also rights of women – that permission is individual, not delegated,” stated the victim's lawyer, her legal representative. “Agreement is obtained personally and not via a representative from a spouse.”

Context

The ex-husband, one of the worst sexual predators in France's contemporary records, was given a prison term to twenty years in prison last year for incapacitating his then wife and bringing in numerous individuals to sexually assault her in her home in the Provence village of Mazan over a span of nearly ten years of their marriage.

Dozens of additional defendants were found convicted in a high-profile trial last year, and Dogan was the sole individual to challenge his verdict. He was first handed a term to nine years in prison, a penalty raised on Thursday to ten years.

The state's attorney, Dominique Sie, had stated he should serve twelve years, because he “completely denies to take any accountability”.

Courtroom Details

The defendant had initially sent the husband sexually explicit photos and then driven an hour from his town in the region to assault Gisèle Pelicot, after notifying his wife he was going out, the testimony revealed.

Pelicot, who was transported from isolation in prison to briefly provide testimony at the appeal trial, told the court that Dogan had known his wife had been “sedated” and he told to men by phone: “I want someone to violate my wife after I’ve sedated her without her knowledge.”

The trial became a central issue for a broader debate on societal attitudes in society as Dogan continued to say he was not guilty and had not committed rape, contending that because the victim's husband had allowed him into the bedroom, his actions had been permissible.

The panel in the higher court was presented with recorded footage of the victim's unresponsive form, unconscious and snoring in a deep sleep, while a smiling Dogan engaged in violation on several occasions over a period of what police said was several hours. The presiding judge said she had been at risk of death by asphyxiation. The prosecution said there was absolute certainty that she had been unaware and had not consented.

Defendant's Statements

The defendant told the court the videos were simply “sex scenes” and disputed it was assault. He said what he did was “a sexual act”, not assault. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I attempted to cease,” the accused informed the court. “I continued because he persuaded me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I had no desire to hurt that individual.”

Pelicot's Words

The victim, who was supported upon leaving court each day by crowds present to back her, told the defendant in court: “You haven’t understood. When will you acknowledge you raped me? It’s a crime to rape an incapacitated woman. At what point did I give you agreement? Not once.”

Gisèle Pelicot, 72, became an global icon after she waived her right to privacy in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, addressing the victim in court, said the defendant's refusal to take blame showed that: “Shame has not yet changed sides. Society is possibly in the midst of that, maybe driven by the public consciousness resulting from the exposure of your ordeal.”

Sie said Dogan’s claims of innocence showed how rape culture was still common in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change rape culture to a ethos of permission.”

The prosecutor addressed the defendant: “While you reject it, it’s not just a woman, it’s an complete unpleasant cultural framework that you are supporting.”

Defendant's Background

The accused was originated from Turkey and at the age of 5 moved to France, where his father worked as a building manager. The court heard that his father was abusive and that the defendant began consuming marijuana at the age of ten. When he was seventeen he was caught by police for selling narcotics and his father evicted him of home. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a construction worker but had experienced periods of homelessness.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The court heard his wife did not know he had repeated extramarital activities beyond their union. His legal team said this was his method of dealing with his challenging existence. The defendant had informed a mental health expert that annually he sought commercial sex on his birthday. His attorneys stated to the court he had arthritis resulting from the pressure of the first trial.