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A man has been found guilty on higher court review of raping Gisèle Pelicot following she was sedated by her husband – and has had his prison sentence raised to ten years.

Retrial Proceedings

Dogan, forty-four, an unemployed builder, who had challenged his initial guilty verdict last year, experienced a appeal hearing this week at the Nîmes court of appeal.

A jury of five men and four women, joined by three judges, ruled against Dogan on Thursday of raping Pelicot in her bedroom in southern France in the morning of 29 June 2019.

The court heard that Dogan, a married father, made contact with the victim's husband at the time, Dominique Pelicot, in an internet forum called “without her knowledge”, where the husband was seeking men to come to his home to assault his wife after he had sedated her into a deep sleep.

“We hope the jury will say loud and clear that in this country, fundamental rights are also rights of women – that agreement is personal, not given by another,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is obtained personally and not via a representative from a husband.”

Context

Dominique Pelicot, a notorious sexual predators in modern French history, was given a prison term to twenty years in prison last year for sedating his then wife and bringing in dozens of men to sexually assault her in her home in the community of the village of Mazan over a duration of almost a decade of their marriage.

Dozens of additional defendants were found convicted in a high-profile trial last year, and the appellant was the only man to contest his conviction. He was originally sentenced to nine years in prison, a sentence raised on Thursday to ten years.

The chief prosecutor, the prosecutor, had contended he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Courtroom Details

Dogan had first sent Dominique Pelicot graphic images and then traveled an hour from his town in the region to rape Gisèle Pelicot, after telling his wife he was stepping out, the court heard.

Pelicot, who was brought from solitary confinement in prison to temporarily testify at the retrial, stated to the court that the accused had known his wife had been “sedated” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve sedated her without her knowledge.”

The trial became a focus point for a broader debate on societal attitudes in society as the defendant continued to claim he was innocent and had not engaged in violation, stating that because the victim's husband had welcomed him into the room, his actions had been permissible.

The panel in the higher court was shown video evidence of the victim's unconscious figure, unconscious and snoring in a deep sleep, while a smiling the perpetrator performed assault on several occasions over a duration of what investigators stated was three and a half hours. The court official said she had been at risk of fatal outcome by choking. The prosecution said there was no doubt that she had been unconscious and had not consented.

Defendant's Statements

Dogan stated to the court the recordings were simply “intimate moments” and rejected it was assault. He said what he did was “a sexual act”, not rape. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan informed the court. “I continued because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to injure that lady.”

Victim's Response

The victim, who was applauded upon departing the trial each day by crowds gathered to stand with her, told Dogan in court: “You haven’t understood. When will you admit you raped me? It’s a crime to rape an unaware woman. When did I ever give you permission? Never.”

The victim, 72, became an international feminist hero after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s unwillingness to take responsibility showed that: “The shame remains. Society is perhaps in the midst of that, maybe propelled by the collective awareness spurred by the exposure of your case.”

The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still widespread in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change rape culture to a ethos of permission.”

Sie told Dogan: “As long as you refuse to admit it, it’s not just a individual, it’s an whole sordid cultural framework that you are upholding.”

Biographical Details

The accused was originated from Turkey and at the age of five relocated to France, where his parent worked as a building manager. The court heard that his father was violent and that the defendant began using drugs aged ten. When he was seventeen he was stopped by police for drug trafficking and his father kicked him out the family house. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a laborer but had undergone periods of living on the streets.

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 court heard his spouse did not know he had regular extramarital activities beyond their union. His defence said this was his method of dealing with his difficult circumstances. The defendant had stated to a mental health expert that each year he looked for paid sex on his special day. His lawyers told the court he had arthritis caused by the stress of the original case.