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A defendant has been found guilty on appeal of raping Gisele Pelicot following she was sedated by her spouse – and has had his incarceration period increased to a decade.

Appeal Trial

The defendant, 44, an unemployed builder, who had challenged his initial guilty verdict last year, underwent a appeal hearing this week at the higher court in Nîmes.

A jury of five men and four women, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her home in southern France in the morning of June 29, 2019.

The testimony revealed that the accused, a family man, reached out to Gisèle Pelicot’s then husband, the husband, in an digital platform named “without her consent”, where the husband was recruiting men to visit his house to rape his wife after he had drugged her into a deep sleep.

We trust the panel will affirm that in this country, human rights are also women’s rights – that consent is personal, not delegated,” said Gisèle Pelicot’s lawyer, her legal representative. “Permission is received directly and not by proxy from a husband.”

Context

Dominique Pelicot, one of the worst sexual predators in recent French history, was handed a sentence to two decades in prison last year for incapacitating his then wife and inviting numerous individuals to rape her in her home in the community of the village of Mazan over a span of many years of their marriage.

Dozens of additional defendants were found convicted in a notable trial last year, and the appellant was the sole individual to appeal against his verdict. He was initially handed a term to 9 years in prison, a punishment increased on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had contended he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

Dogan had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his town in Provence to rape Gisèle Pelicot, after telling his wife he was going out, the testimony revealed.

Pelicot, who was brought from isolation in prison to briefly provide testimony at the retrial, told the court that Dogan had known his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep without her knowledge.”

The trial became a key topic for a larger conversation on sexual violence norms in society as Dogan continued to claim he was innocent and had not engaged in violation, arguing that because the victim's husband had welcomed him into the residence, his behavior had been justifiable.

The panel in the higher court was presented with recorded footage of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a comatose state, while a smiling Dogan committed rape multiple times over a timeframe of what authorities reported was several hours. The judge said she had been at risk of death by choking. The prosecution said there was no question that she had been incapacitated and had not given permission.

Accused's Testimony

The defendant informed the court the footage were simply “sex scenes” and disputed it was assault. He said what he did was “a sexual act”, not assault. He declared the court: “I never raped.” He said the victim's husband had brought him to the home, and therefore it was OK. He said he was manipulated by the husband. “I tried to halt,” 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 injure that woman.”

Pelicot's Words

The survivor, who was applauded upon exiting the courtroom each day by crowds assembled to back her, said to the defendant in court: “You haven’t understood. When will you admit you raped me? It is illegal to rape an unconscious woman. When did I ever give you agreement? At no time.”

Gisèle Pelicot, seventy-two, became an global icon after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said the defendant's failure to take responsibility showed that: “Shame has not yet changed sides. The public is maybe in the course of that, maybe propelled by the collective awareness resulting from the revelation of your ordeal.”

The prosecutor said the defendant's claims of non-guilt showed how societal tolerance was still common in society as part of “old-fashioned” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a culture of consent.”

Sie told the defendant: “For as much as you refuse to admit it, it’s not just a person, it’s an entire sordid societal structure that you are upholding.”

Biographical Details

The accused was originated from Turkey and at the age of 5 moved to the nation of France, where his parent worked as a building manager. The evidence indicated that his parent was aggressive and that Dogan began consuming marijuana at the age of 10. When Dogan was 17 he was caught by authorities for drug trafficking and his father forced him to leave the family house. He spent time in prison for narcotics offenses in his early 20s and had worked as a builder but had faced periods of being unhoused.

He was wed and had a son with a genetic condition, who he was the main caregiver for, as his spouse worked in a school canteen. The evidence showed his spouse did not know he had regular sexual encounters beyond their marriage. His legal team said this was his method of dealing with his challenging existence. The defendant had stated to a mental health expert that annually he engaged in paid sex on his birthday. His lawyers stated to the court he had joint inflammation resulting from the pressure of the first trial.