🔗 Share this article

A man has been found guilty on appeal of raping Gisèle Pelicot following she was drugged unconscious by her spouse – and was given his jail term raised to 10 years.

Higher Court Case

The defendant, forty-four, an out-of-work construction worker, who had appealed his initial guilty verdict last year, faced a appeal hearing this week at the Nîmes court of appeal.

A jury of five men and four women, accompanied by three judges, convicted Dogan on Thursday of raping Pelicot in her home in Provence in the morning of June 29, 2019.

The evidence showed that Dogan, a married father, reached out to the victim's spouse, the husband, in an internet forum titled “without her knowledge”, where the husband was looking for men to enter his residence to rape his wife once he had drugged her into a deep sleep.

We expect the court will say loud and clear that in this society, human rights are also rights of women – that agreement is personal, not transferred,” declared the victim's lawyer, her legal representative. “Permission is received directly and not via a representative from a husband.”

Context

Dominique Pelicot, one of the worst sexual predators in France's contemporary records, was given a prison term to two decades in prison last year for drugging his then wife and bringing in numerous individuals to rape her in her home in the community of Mazan over a duration of almost a decade of their marriage.

Fifty other men were found guilty in a high-profile trial last year, and the appellant was the sole individual to contest his sentence. He was initially given a sentence to 9 years in prison, a penalty raised on Thursday to a decade.

The chief prosecutor, the prosecutor, had contended he should serve 12 years, because he “absolutely refuses to take any accountability”.

Testimony and Proof

Dogan had first sent the husband sexually explicit photos and then driven an hour from his village in Provence to assault the victim, after notifying his wife he was going out, the evidence indicated.

The ex-husband, who was brought from segregation in prison to briefly provide testimony at the appeal trial, informed the court that the accused had known his wife had been “sedated” and he said to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a focus point for a broader debate on rape culture in society as the defendant continued to assert he was blameless and had not committed rape, stating that because the victim's husband had welcomed him into the bedroom, his conduct had been justifiable.

The jury in the higher court was shown visual proof of Gisèle Pelicot’s limp body, sedated and snoring in a deep sleep, while a smiling Dogan engaged in violation on several occasions over a period of what investigators stated was three and a half hours. The court official said she had been at peril of fatal outcome by asphyxiation. The state prosecution said there was absolute certainty that she had been unconscious and had not consented.

Accused's Testimony

Dogan informed the court the footage were simply “sex scenes” and denied it was rape. He said what he did was “a sexual act”, not assault. He told 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 influenced by Dominique Pelicot. “I tried to halt,” Dogan told the court. “I continued because he convinced me.”

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

Survivor's Statement

Gisèle Pelicot, who was supported upon departing the trial each day by crowds present to support her, said to the defendant in court: “You do not grasp. When will you acknowledge you assaulted me? It is unlawful to assault an incapacitated woman. At what point did I give you consent? Not once.”

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

State's Argument

Sie, turning to Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “The shame remains. Society is maybe in the midst of that, possibly propelled by the societal understanding spurred by the exposure of your situation.”

The prosecutor said the defendant's claims of innocence showed how rape culture was still common in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a society based on agreement.”

Sie told the defendant: “As long as you refuse to admit it, it’s not just a person, it’s an complete disturbing social system that you are supporting.”

Defendant's Background

The accused was originated from Turkey and at the age of five relocated to France, where his parent worked as a building manager. The evidence indicated that his parent was violent and that Dogan began smoking cannabis at the age of 10. When Dogan was seventeen he was stopped by police for drug trafficking and his parent kicked him out the family house. He spent time in prison for narcotics offenses in his twenties and had worked as a construction worker but had undergone periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the main caregiver for, as his wife worked in a educational cafeteria. The testimony revealed his spouse did not know he had regular intimate relations beyond their union. His legal team said this was his method of dealing with his difficult circumstances. The defendant had informed a court psychologist that once a year he engaged in paid sex on his birthday. His legal representatives informed the court he had joint inflammation resulting from the pressure of the original case.