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An individual was convicted on appeal of raping Gisele Pelicot following she was sedated by her spouse – and received his jail term extended to 10 years.

Higher Court Case

Dogan, 44, an unemployed builder, who had appealed his initial guilty verdict last year, underwent a retrial this week at the Nîmes court of appeal.

A jury of five men and four women, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her bedroom in southern France in the morning of 29 June 2019.

The evidence showed that Dogan, a family man, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum titled “without her consent”, where the husband was recruiting men to visit his house to rape his wife once he had drugged her into a comatose state.

We trust the panel will say loud and clear that in this nation, fundamental rights are also women’s rights – that consent is individual, not transferred,” declared Gisèle Pelicot’s attorney, her legal representative. “Permission is secured directly and not by proxy from a spouse.”

Context

Dominique Pelicot, a notorious sex offenders in modern French history, was handed a sentence to 20 years in prison last year for sedating his then wife and soliciting multiple perpetrators to rape her in her home in the town of the village of Mazan over a span of almost a decade of their marriage.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and Dogan was the single defendant to appeal against his sentence. He was initially sentenced to 9 years in prison, a punishment enhanced on Thursday to a decade.

The state's attorney, Dominique Sie, had stated he should serve 12 years, because he “completely denies to take any blame”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his village in the region to assault Gisèle Pelicot, after notifying his wife he was stepping out, the court heard.

Pelicot, who was brought from solitary confinement in prison to briefly testify at the hearing, stated to the court that the accused had been aware his wife had been “sedated” and he said to men by phone: “I want someone to violate my wife after I’ve sedated her without her knowledge.”

The proceedings became a focus point for a wider discussion on rape culture in society as Dogan continued to say he was innocent and had not committed rape, contending that because Gisèle Pelicot’s husband had invited him into the bedroom, his actions had been acceptable.

The panel in the Nîmes appeals court was shown visual proof of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a comatose state, while a grinning Dogan engaged in violation on several occasions over a duration of what police said was 3.5 hours. The judge said she had been at peril of death by asphyxiation. The state prosecution said there was no question that she had been unaware and had not agreed.

Accused's Testimony

Dogan informed the court the videos were simply “sexual encounters” and disputed it was violation. He said what he did was “a sexual act”, not rape. He told the court: “I never raped.” He said the victim's husband had allowed him to the residence, and therefore it was permissible. He said he was deceived by the husband. “I wanted to stop,” the accused told the court. “I continued because he reassured me.”

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

Pelicot's Words

Gisèle Pelicot, who was cheered upon departing the trial each day by supporters gathered to back her, told Dogan in court: “You haven’t understood. When will you acknowledge you raped me? It’s a crime to assault an incapacitated woman. How could I have give you consent? Never.”

The victim, seventy-two, became an global icon after she waived her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, addressing the victim in court, said the defendant's unwillingness to take accountability showed that: “Shame has not yet changed sides. The public is possibly in the process of that, possibly motivated by the societal understanding spurred by the revelation of your case.”

Sie said Dogan’s claims of non-guilt showed how rape culture was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “We need to change rape culture to a ethos of permission.”

The prosecutor said to Dogan: “For as much as you refuse to admit it, it’s not just a woman, it’s an entire disturbing cultural framework that you are upholding.”

Biographical Details

Dogan was born in Turkey and at the age of 5 came to the nation of France, where his father worked as a caretaker. The testimony revealed that his parent was aggressive and that Dogan began consuming marijuana aged ten. When he was 17 he was apprehended by authorities for selling narcotics and his parent evicted him the family house. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a laborer but had undergone periods of being unhoused.

He was wed and had a child with special needs, who he was the principal carer for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had regular sexual encounters outside their marriage. His defence said this was his way of coping with his difficult circumstances. The defendant had stated to a court psychologist that once a year he looked for paid sex on his birthday. His legal representatives told the court he had arthritis triggered by the pressure of the first trial.