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An individual was declared guilty on appeal of raping Gisele Pelicot following she was drugged unconscious by her then-husband – and was given his jail term increased to 10 years.

Higher Court Case

The defendant, forty-four, an unemployed builder, who had appealed his first conviction last year, experienced a new trial this week at the Nîmes court of appeal.

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

The testimony revealed that Dogan, a married father, made contact with the victim's spouse, Dominique Pelicot, in an internet forum called “without her consent”, where Pelicot was looking for men to come to his home to assault his wife after he had drugged her into a unconscious state.

“We hope the jury will affirm that in this society, fundamental rights are also rights of women – that consent is individual, not delegated,” stated the victim's attorney, her legal representative. “Consent is received directly and not via a representative from a husband.”

Background

The husband, a notorious sex offenders in recent French history, was sentenced to two decades in prison last year for drugging his then wife 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 marriage.

Numerous other individuals were found guilty in a notable trial last year, and Dogan was the single defendant to appeal against his verdict. He was initially handed a term to nine years in prison, a sentence raised on Thursday to 10 years.

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

Testimony and Proof

Dogan had initially sent Dominique Pelicot graphic images and then traveled an hour from his village in Provence to rape the victim, after telling his wife he was stepping out, the evidence indicated.

The ex-husband, who was transported from segregation in prison to briefly give evidence at the hearing, stated to the court that Dogan had known his wife had been “drugged” and he communicated to men by phone: “I seek someone to abuse 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 the defendant continued to assert he was innocent and had not engaged in violation, stating that because Gisèle Pelicot’s husband had welcomed him into the residence, his conduct had been permissible.

The panel in the Nîmes appeals court was displayed video evidence of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a unconscious condition, while a grinning the perpetrator committed rape repeatedly over a timeframe of what authorities reported was three and a half hours. The court official said she had been at peril of fatal outcome by choking. The state prosecution said there was no doubt that she had been unconscious and had not given permission.

Defendant's Statements

Dogan told the court the videos were simply “sexual encounters” and denied it was rape. He said what he did was “a sexual act”, not assault. He stated the court: “I did not commit rape.” He said the victim's husband had brought him to the house, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I attempted to cease,” Dogan informed the court. “I carried on because he persuaded me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I never wanted to hurt that individual.”

Survivor's Statement

The survivor, who was cheered upon exiting the courtroom each day by onlookers assembled to support her, told Dogan in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is illegal to rape an incapacitated woman. When did I ever give you consent? Not once.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's failure to take blame showed that: “Guilt has not shifted. The public is perhaps in the course of that, perhaps driven by the societal understanding brought by the publication of your ordeal.”

Sie said Dogan’s claims of innocence showed how rape culture was still widespread in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change rape culture to a culture of consent.”

The prosecutor told the defendant: “While you reject it, it’s not just a individual, it’s an whole unpleasant social system that you are supporting.”

Personal History

The accused was originated from Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a building manager. The testimony revealed that his father was abusive and that the defendant began consuming marijuana aged ten. When he was seventeen he was apprehended by police for dealing drugs and his father evicted him the residence. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a builder but had experienced periods of being unhoused.

He was wed and had a son with Down’s syndrome, who he was the main caregiver for, as his wife worked in a institution's dining hall. The testimony revealed his spouse did not know he had repeated intimate relations outside their marriage. His legal team said this was his method of dealing with his difficult circumstances. Dogan had informed a court psychologist that annually he sought commercial sex on his birthday. His legal representatives informed the court he had a medical condition triggered by the stress of the first trial.