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A defendant was convicted on appeal of raping Gisele Pelicot after she was sedated by her husband – and received his prison sentence extended to 10 years.

Appeal Trial

Dogan, forty-four, an out-of-work construction worker, who had appealed his initial guilty verdict last year, experienced a new trial this week at the appeals court in Nîmes.

A panel of five men and four women, joined by three judges, convicted Dogan on Thursday of raping Pelicot in her residence in the south of France in the morning of 29 June 2019.

The evidence showed that the accused, a family man, reached out to the victim's then husband, the husband, in an online chatroom named “without her knowledge”, where Pelicot was recruiting men to enter his residence to rape his wife after he had rendered her unconscious into a deep sleep.

We trust the jury will affirm that in this country, fundamental rights are also women’s rights – that permission is personal, not transferred,” declared the victim's attorney, Antoine Camus. “Agreement is received personally and not by proxy from a husband.”

Context

Dominique Pelicot, among the most severe sexual predators in recent French history, was sentenced to 20 years in prison last year for sedating his then wife and soliciting dozens of men to rape her in her home in the Provence village of the village of Mazan over a span of many years of their marriage.

Dozens of additional defendants were found guilty in a notable trial last year, and the appellant was the sole individual to appeal against his sentence. He was originally given a sentence to 9 years in prison, a punishment raised on Thursday to 10 years.

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

Courtroom Details

The defendant had initially sent the husband graphic images and then traveled an hour from his village in Provence to rape the victim, after notifying his wife he was going out, the testimony revealed.

Pelicot, who was transported from segregation in prison to briefly testify at the hearing, told the court that the accused had been aware his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a key topic for a wider discussion on societal attitudes in society as Dogan continued to say he was not guilty and had not engaged in violation, stating that because the victim's husband had welcomed him into the room, his conduct had been permissible.

The jury in the Nîmes appeals court was presented with recorded footage of Gisèle Pelicot’s unresponsive form, comatose and snoring in a unconscious condition, while a grinning the perpetrator committed rape multiple times over a timeframe of what police said was 3.5 hours. The presiding judge said she had been at danger of death by choking. The state prosecution said there was no question that she had been incapacitated and had not consented.

Accused's Testimony

The defendant stated to the court the videos were simply “intimate moments” and denied it was assault. He said what he did was “a consensual activity”, not rape. He stated the court: “I am innocent of assault.” He said the victim's husband had allowed him to the residence, and therefore it was acceptable. He said he was deceived by the husband. “I wanted to stop,” Dogan stated to the court. “I continued because he reassured me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I never wanted to harm that woman.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by crowds gathered to support her, said to the defendant in court: “You do not grasp. When will you acknowledge you violated me? It’s a crime to assault an incapacitated woman. How could I have give you consent? At no time.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, speaking to the victim in court, said Dogan’s failure to take blame showed that: “Guilt has not shifted. Society is perhaps in the midst of that, possibly driven by the public consciousness spurred by the revelation of your ordeal.”

Sie said Dogan’s claims of blamelessness showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a culture of consent.”

Sie addressed Dogan: “As long as you refuse to admit it, it’s not just a woman, it’s an whole unpleasant social system that you are endorsing.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five moved to France, where his parent worked as a caretaker. The evidence indicated that his father was violent and that the defendant began consuming marijuana at the age of 10. When he was 17 he was apprehended by police for selling narcotics and his father kicked him out of home. He served time in prison for trafficking in his early 20s and had worked as a construction worker but had faced periods of living on the streets.

He was wed and had a child with special needs, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The evidence showed his wife did not know he had repeated sexual encounters outside their marriage. His defence said this was his way of coping with his challenging existence. The defendant had informed a court psychologist that annually he looked for paid sex on his special day. His legal representatives stated to the court he had joint inflammation resulting from the stress of the first trial.