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An individual was declared guilty on higher court review of raping Gisèle Pelicot following she was sedated by her husband – and received his prison sentence extended to a decade.

Appeal Trial

Dogan, 44, an unemployed builder, who had appealed his first conviction last year, underwent a new trial this week at the higher court in Nîmes.

A panel of four women and five men, joined by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her residence in Provence in the morning of 29 June 2019.

The evidence showed that Dogan, a married father, connected with the victim's husband at the time, Dominique Pelicot, in an online chatroom called “unbeknownst to her”, where the husband was recruiting men to enter his residence to assault his wife after he had drugged her into a unconscious state.

We expect the jury will say loud and clear that in this nation, human rights are also women’s rights – that consent is personal, not given by another,” said the victim's lawyer, her legal representative. “Permission is obtained directly and not via a representative from a spouse.”

Context

Dominique Pelicot, one of the worst sex offenders in recent French history, was given a prison term to twenty years in prison last year for sedating his wife at the time and bringing in multiple perpetrators to rape her in her home in the Provence village of Mazan over a period of many years of their marriage.

Fifty other men were found guilty in a notable trial last year, and Dogan was the single defendant to appeal against his conviction. He was first sentenced to nine years in prison, a penalty enhanced on Thursday to ten years.

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

Evidence Presented

The defendant had first sent the husband sexually explicit photos and then traveled an hour from his residence in Provence to assault the victim, after notifying his wife he was going out, the testimony revealed.

Pelicot, who was brought from segregation in prison to temporarily provide testimony at the appeal trial, informed the court that Dogan had been aware his wife had been “drugged” and he communicated to men by phone: “I want someone to assault my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a focus point for a larger conversation on sexual violence norms in society as the defendant continued to assert he was not guilty and had not committed rape, contending that because the victim's husband had welcomed him into the room, his conduct had been permissible.

The panel in the higher court was displayed visual proof of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a comatose state, while a grinning Dogan engaged in violation on several occasions over a period of what authorities reported was three and a half hours. The court official said she had been at risk of death by asphyxiation. The prosecution said there was no question that she had been unaware and had not agreed.

Accused's Testimony

The defendant stated to the court the footage were simply “sex scenes” and disputed it was assault. He said what he did was “a sexual act”, not rape. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed 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 proceeded because he persuaded me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to hurt that individual.”

Victim's Response

The victim, who was cheered upon leaving court each day by onlookers present to stand with her, told Dogan in court: “You haven’t understood. When will you acknowledge you assaulted me? It is unlawful to rape an incapacitated woman. When did I ever give you agreement? Not once.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, addressing the victim in court, said Dogan’s failure to take accountability showed that: “Guilt has not shifted. The community is maybe in the process of that, perhaps motivated by the societal understanding resulting from the revelation of your ordeal.”

Sie said the defendant's claims of blamelessness showed how societal tolerance was still common in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a culture of consent.”

Sie said to Dogan: “While you reject it, it’s not just a woman, it’s an complete disturbing societal structure that you are endorsing.”

Personal History

Dogan was originated from the country of Turkey and at the age of 5 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 Dogan was 17 he was caught by authorities for selling narcotics and his parent evicted him the residence. He spent time in prison for trafficking in his early 20s and had worked as a construction worker but had faced periods of being unhoused.

He was wed and had a child with special needs, who he was the main caregiver for, as his wife worked in a educational cafeteria. The testimony revealed his spouse did not know he had regular sexual encounters outside their marriage. His defence said this was his strategy for managing with his difficult circumstances. Dogan had told a evaluator that annually he looked for paid sex on his special day. His legal representatives informed the court he had arthritis triggered by the pressure of the original case.