🔗 Share this article

An individual was declared guilty on higher court review of raping Gisele Pelicot following she was sedated by her then-husband – and was given his incarceration period extended to 10 years.

Appeal Trial

The defendant, forty-four, an unemployed builder, who had appealed his first conviction last year, underwent a new trial this week at the appeals court in Nîmes.

A panel of nine jurors, joined by three judges, found Dogan guilty on Thursday of raping Pelicot in her home in southern France in the early hours of 29 June 2019.

The court heard that the accused, a family man, made contact with the victim's then husband, the husband, in an internet forum named “without her knowledge”, where Pelicot was looking for men to enter his residence to assault his wife once he had sedated her into a deep sleep.

We trust the panel will say loud and clear that in this nation, human rights are also women’s rights – that consent is individual, not transferred,” declared the victim's lawyer, her legal representative. “Permission is obtained directly and not via a representative from a husband.”

Background

Dominique Pelicot, one of the worst sexual predators in France's contemporary records, was handed a sentence to 20 years in prison last year for incapacitating his then wife and bringing in dozens of men to rape her in her home in the town of the village of Mazan over a period of almost a decade of their marriage.

Dozens of additional defendants were found guilty in a widely publicized trial last year, and Dogan was the sole individual to challenge his verdict. He was originally given a sentence to 9 years in prison, a punishment increased on Thursday to ten years.

The state's attorney, the prosecutor, had argued he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

The defendant had first sent the husband graphic images and then traveled an hour from his town in Provence to assault the victim, after informing his wife he was going out, the testimony revealed.

Pelicot, who was brought from solitary confinement in prison to briefly give evidence at the appeal trial, stated to the court that Dogan had understood his wife had been “incapacitated” and he said to men by phone: “I want someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a focus point for a larger conversation on rape culture in society as Dogan continued to say he was not guilty and had not engaged in violation, contending that because the victim's husband had allowed him into the residence, his behavior had been justifiable.

The jury in the Nîmes appeals court was shown recorded footage of the victim's limp body, unconscious and snoring in a deep sleep, while a grinning the perpetrator committed rape multiple times over a period of what police said was 3.5 hours. The judge said she had been at peril of death by choking. The state's case said there was no doubt that she had been incapacitated and had not given permission.

Defendant's Statements

The defendant informed the court the footage were simply “sex scenes” and disputed it was rape. He said what he did was “a sexual act”, not rape. He told the court: “I am innocent of assault.” He said the victim's husband had allowed him to the house, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan told the court. “I proceeded because he persuaded me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I had no desire to injure that individual.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon departing the trial each day by crowds gathered to back her, told Dogan in court: “You do not grasp. When will you acknowledge you raped me? It’s a crime to assault an unconscious woman. How could I have give you agreement? Never.”

The victim, 72, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, turning to the victim in court, said the defendant's failure to take accountability showed that: “Shame has not yet changed sides. Society is maybe in the midst of that, perhaps motivated by the public consciousness brought by the exposure of your situation.”

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

The prosecutor told Dogan: “While you reject it, it’s not just a person, it’s an whole sordid societal structure that you are supporting.”

Defendant's Background

The accused was originated from Turkey and at the age of five came to France, where his parent worked as a concierge. The evidence indicated that his father was violent and that the defendant began consuming marijuana at the age of 10. When Dogan was 17 he was caught by authorities for selling narcotics and his father evicted him of home. He spent time in prison for trafficking in his early 20s and had worked as a builder but had faced periods of living on the streets.

He was wed and had a son with a genetic condition, who he was the principal carer for, as his wife worked in a educational cafeteria. The evidence showed his spouse did not know he had frequent intimate relations beyond their union. His defence said this was his method of dealing with his stressful life. Dogan had stated to a court psychologist that once a year he looked for transactional encounters on his birthday. His attorneys informed the court he had arthritis resulting from the anxiety of the original case.