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A defendant was declared guilty on appeal of raping Gisèle Pelicot after she was sedated by her then-husband – and has had his prison sentence increased to ten years.

Higher Court Case

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

A panel of five men and four women, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her bedroom in Provence in the early hours of June 29, 2019.

The court heard that Dogan, a married father, made contact with the victim's husband at the time, the husband, in an internet forum titled “without her knowledge”, where Pelicot was looking for men to visit his house to rape his wife after he had sedated her into a unconscious state.

We trust the court will declare that in this nation, fundamental rights are also rights of women – that agreement is individual, not given by another,” said Gisèle Pelicot’s attorney, her legal representative. “Agreement is obtained directly and not through someone else from a spouse.”

Case History

Dominique Pelicot, a notorious sex offenders in France's contemporary records, was sentenced to two decades in prison last year for sedating his then wife and inviting multiple perpetrators to rape her in her home in the community of the village of Mazan over a period of nearly ten years of their marriage.

Dozens of additional defendants were found convicted in a high-profile trial last year, and the appellant was the sole individual to contest his sentence. He was first given a sentence to 9 years in prison, a sentence increased on Thursday to ten years.

The chief prosecutor, the prosecutor, had contended he should serve twelve years, because he “completely denies to take any blame”.

Testimony and Proof

The defendant had initially sent the husband inappropriate pictures and then traveled an hour from his residence in the region to assault Gisèle Pelicot, after informing his wife he was going out, the evidence indicated.

The ex-husband, who was brought from solitary confinement in prison to briefly testify at the retrial, informed the court that the accused had been aware his wife had been “sedated” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a central issue for a larger conversation on rape culture in society as Dogan continued to assert he was blameless and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had allowed him into the residence, his actions had been justifiable.

The panel in the Nîmes appeals court was displayed visual proof of Gisèle Pelicot’s limp body, sedated and breathing heavily in a comatose state, while a grinning Dogan performed assault multiple times over a timeframe of what investigators stated was 3.5 hours. The presiding judge said she had been at risk of fatal outcome by asphyxiation. The prosecution said there was absolute certainty that she had been incapacitated and had not given permission.

Accused's Testimony

The defendant stated to the court the recordings were simply “intimate moments” and disputed it was violation. He said what he did was “an intimate behavior”, not rape. He told the court: “I did not commit rape.” He said the victim's husband had brought him to the house, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan stated to the court. “I proceeded because he persuaded me.”

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

Victim's Response

Gisèle Pelicot, who was supported upon departing the trial each day by crowds present to stand with her, told Dogan in court: “You haven’t understood. When will you admit you assaulted me? It’s a crime to assault an unconscious woman. How could I have give you agreement? At no time.”

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

Legal Commentary

Sie, addressing the victim in court, said the defendant's unwillingness to take blame showed that: “Shame has not yet changed sides. Society is maybe in the midst of that, maybe driven by the public consciousness brought by the exposure of your case.”

The prosecutor said the defendant's claims of blamelessness showed how societal tolerance was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a culture of consent.”

The prosecutor said to Dogan: “While you deny it, it’s not just a woman, it’s an complete unpleasant cultural framework that you are endorsing.”

Defendant's Background

The accused was born in Turkey and at the age of five relocated to France, where his father worked as a building manager. The testimony revealed that his parent was abusive and that Dogan began consuming marijuana at the age of 10. When Dogan was 17 he was apprehended by authorities for selling narcotics and his parent kicked him out the residence. He was incarcerated in prison for trafficking in his young adulthood and had worked as a laborer but had faced periods of homelessness.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had frequent extramarital activities outside their marriage. His legal team said this was his method of dealing with his difficult circumstances. Dogan had informed a evaluator that annually he looked for commercial sex on his birthday. His legal representatives told the court he had joint inflammation caused by the pressure of the first trial.