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A man was declared guilty on appeal of raping Gisèle Pelicot following she was sedated by her husband – and was given his prison sentence raised to 10 years.

Higher Court Case

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

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

The testimony revealed that the accused, a married father, connected with Gisèle Pelicot’s husband at the time, the husband, in an internet forum titled “unbeknownst to her”, where Pelicot was seeking men to come to his home to assault his wife after he had drugged her into a deep sleep.

“We hope the jury will declare that in this society, fundamental rights are also women’s rights – that consent is personal, not delegated,” declared Gisèle Pelicot’s attorney, her legal representative. “Permission is obtained directly and not by proxy from a husband.”

Background

The husband, a notorious sexual predators in modern French history, was given a prison term to two decades in prison last year for drugging his then wife and inviting numerous individuals to rape her in her home in the community of Mazan over a period of many years of their union.

Fifty other men were found culpable in a high-profile trial last year, and the appellant was the single defendant to appeal against his sentence. He was first handed a term to nine years in prison, a penalty raised on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had stated he should serve twelve years, because he “absolutely refuses to take any blame”.

Testimony and Proof

The defendant had initially sent the husband inappropriate pictures and then traveled an hour from his village in the region to assault Gisèle Pelicot, after informing his wife he was leaving, the testimony revealed.

Pelicot, who was transported from isolation in prison to briefly provide testimony at the appeal trial, informed the court that Dogan had known his wife had been “sedated” and he said to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a central issue for a broader debate on sexual violence norms in society as the defendant continued to assert he was innocent and had not committed rape, stating that because Gisèle Pelicot’s husband had allowed him into the room, his actions had been justifiable.

The panel in the higher court was displayed recorded footage of the victim's unconscious figure, unconscious and breathing heavily in a comatose state, while a smiling the perpetrator performed assault on several occasions over a timeframe of what investigators stated was three and a half hours. The court official said she had been at danger of death by choking. The state prosecution said there was no question that she had been unaware and had not consented.

Accused's Testimony

Dogan told the court the recordings were simply “sexual encounters” and disputed it was assault. He said what he did was “a sexual act”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was OK. He said he was deceived by the husband. “I attempted to cease,” the accused told the court. “I proceeded because he reassured me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I did not intend to hurt that lady.”

Victim's Response

Gisèle Pelicot, who was supported upon exiting the courtroom each day by crowds present to stand with her, told the defendant in court: “You haven’t understood. When are you going to recognise you raped me? It is unlawful to rape an unaware woman. At what point did I give you agreement? Never.”

Gisèle Pelicot, 72, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “The shame should shift.”

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “Guilt has not shifted. The public is possibly in the course of that, perhaps propelled by the public consciousness resulting from the revelation of your situation.”

Sie said Dogan’s claims of blamelessness showed how societal tolerance was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a ethos of permission.”

Sie addressed the defendant: “For as much as you refuse to admit it, it’s not just a person, it’s an whole unpleasant social system that you are upholding.”

Defendant's Background

Dogan was born in Turkey and at the age of five moved to France, where his father worked as a concierge. The court heard that his father was aggressive and that the defendant began consuming marijuana at the age of 10. When Dogan was seventeen he was stopped by police for dealing drugs and his parent kicked him out the residence. He served time in prison for drug dealing in his twenties and had worked as a construction worker but had undergone periods of being unhoused.

He was married and had a child with special needs, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The testimony revealed his spouse did not know he had frequent intimate relations outside their marriage. His defence said this was his method of dealing with his challenging existence. Dogan had informed a evaluator that each year he engaged in paid sex on his birthday. His lawyers informed the court he had arthritis caused by the stress of the original case.