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An individual has been found guilty on appeal of raping Gisèle Pelicot following she was sedated by her spouse – and has had his prison sentence extended to 10 years.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, faced a new trial this week at the higher court in Nîmes.

A panel of nine jurors, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her bedroom in Provence in the early hours of 29 June 2019.

The testimony revealed that the accused, a married father, made contact with the victim's then husband, the husband, in an internet forum called “without her consent”, where Pelicot was seeking men to come to his home to rape his wife after he had drugged her into a unconscious state.

“We hope the panel will declare that in this country, fundamental rights are also rights of women – that consent is individual, not given by another,” said Gisèle Pelicot’s attorney, her legal representative. “Permission is received personally and not through someone else from a spouse.”

Case History

The husband, among the most severe sexual predators in France's contemporary records, was given a prison term to 20 years in prison last year for drugging his wife at the time and inviting numerous individuals to sexually assault her in her home in the community of the village of Mazan over a span of many years of their union.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and the appellant was the single defendant to appeal against his conviction. He was originally given a sentence to nine years in prison, a punishment enhanced on Thursday to a decade.

The state's attorney, the prosecutor, had contended he should serve twelve years, because he “completely denies to take any blame”.

Evidence Presented

The defendant had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his village in the region to assault the victim, after informing his wife he was going out, the evidence indicated.

The ex-husband, who was brought from solitary confinement in prison to briefly provide testimony at the appeal trial, informed the court that the accused had understood his wife had been “drugged” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her without her knowledge.”

The courtroom became a key topic for a broader debate on sexual violence norms in society as Dogan continued to say he was blameless and had not perpetrated assault, contending that because the victim's husband had welcomed him into the residence, his behavior had been acceptable.

The panel in the Nîmes appeals court was presented with recorded footage of the victim's unconscious figure, unconscious and snoring in a comatose state, while a grinning Dogan committed rape multiple times over a timeframe of what police said was several hours. The judge said she had been at risk of death by choking. The prosecution said there was no doubt that she had been unaware and had not consented.

Dogan's Claims

Dogan told the court the footage were simply “sex scenes” and denied it was violation. He said what he did was “a sexual act”, not rape. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused informed the court. “I proceeded because he reassured me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I never wanted to harm that individual.”

Pelicot's Words

Gisèle Pelicot, who was supported upon leaving court each day by supporters gathered to stand with her, told Dogan in court: “You do not grasp. When are you going to recognise you assaulted me? It is unlawful to assault an unaware woman. When did I ever give you consent? Not once.”

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

Legal Commentary

Sie, addressing the victim in court, said the defendant's refusal to take responsibility showed that: “Guilt has not shifted. Society is perhaps in the midst of that, perhaps propelled by the collective awareness brought by the exposure of your situation.”

The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change rape culture to a society based on agreement.”

Sie said to Dogan: “As long as you refuse to admit it, it’s not just a individual, it’s an complete sordid social system that you are endorsing.”

Defendant's Background

The accused was born in Turkey and at the age of 5 came to the nation of France, where his parent worked as a building manager. The evidence indicated that his parent was aggressive and that the defendant began consuming marijuana aged ten. When he was seventeen he was apprehended by police for selling narcotics and his parent evicted him of home. He served time in prison for drug dealing in his twenties and had worked as a construction worker but had experienced periods of homelessness.

He was married and had a son with a genetic condition, who he was the principal carer for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had repeated intimate relations beyond their union. His defence said this was his strategy for managing with his challenging existence. The defendant had informed a mental health expert that each year he looked for paid sex on his birthday. His legal representatives told the court he had joint inflammation resulting from the pressure of the initial proceedings.