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An individual was declared guilty on appeal of raping Gisèle Pelicot following she was sedated by her spouse – and received his prison sentence increased to 10 years.

Appeal Trial

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

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

The court heard that Dogan, a family man, made contact with Gisèle Pelicot’s spouse, the husband, in an digital platform called “without her knowledge”, where Pelicot was seeking men to visit his house to assault his wife once he had drugged her into a unconscious state.

We expect the jury will say loud and clear that in this society, human rights are also rights of women – that agreement is individual, not delegated,” said the victim's attorney, Antoine Camus. “Consent is secured personally and not through someone else from a husband.”

Context

Dominique Pelicot, a notorious sex offenders in recent French history, was given a prison term to twenty years in prison last year for incapacitating his wife at the time and soliciting multiple perpetrators to rape her in her home in the community of Mazan over a period of many years of their union.

Dozens of additional defendants were found culpable in a notable trial last year, and Dogan was the single defendant to contest his verdict. He was first sentenced to nine years in prison, a penalty raised on Thursday to 10 years.

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

Evidence Presented

Dogan had initially sent Dominique Pelicot graphic images and then driven an hour from his residence in the region to assault the victim, after informing his wife he was leaving, the evidence indicated.

Pelicot, who was transported from segregation in prison to temporarily provide testimony at the hearing, stated to the court that the accused had been aware his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a key topic for a wider discussion on societal attitudes in society as the defendant continued to claim he was blameless and had not committed rape, arguing that because the victim's husband had allowed him into the bedroom, his conduct had been justifiable.

The jury in the Nîmes appeals court was presented with recorded footage of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a comatose state, while a grinning the perpetrator committed rape on several occasions over a timeframe of what authorities reported was several hours. The court official said she had been at peril of death by suffocation. The state's case said there was no question that she had been unaware and had not given permission.

Dogan's Claims

The defendant informed the court the videos were simply “sex scenes” and disputed it was violation. He said what he did was “an intimate behavior”, not assault. He stated the court: “I never raped.” He said the victim's husband had brought him to the home, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I attempted to cease,” Dogan told the court. “I continued because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to hurt that woman.”

Survivor's Statement

The victim, who was supported upon exiting the courtroom each day by onlookers gathered to support her, said to the defendant in court: “You fail to comprehend. When are you going to recognise you raped me? It is illegal to rape an incapacitated woman. How could I have give you consent? Not once.”

Gisèle Pelicot, seventy-two, became an global icon after she gave up her right to privacy in the trial last year when she said: “The shame should shift.”

Legal Commentary

The prosecutor, addressing the victim in court, said Dogan’s refusal to take blame showed that: “Guilt has not shifted. The public is perhaps in the midst of that, possibly propelled by the collective awareness brought by the publication of your situation.”

Sie said Dogan’s claims of innocence showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

The prosecutor said to the defendant: “As long as you refuse to admit it, it’s not just a individual, it’s an whole disturbing societal structure that you are endorsing.”

Personal History

The accused was originated from the country of Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a building manager. The court heard that his father was aggressive and that Dogan began using drugs at the age of 10. When Dogan was seventeen he was apprehended by authorities for dealing drugs and his father kicked him out of home. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a builder but had experienced periods of homelessness.

He was married and had a son with a genetic condition, who he was the principal carer for, as his wife worked in a school canteen. The evidence showed his wife did not know he had frequent intimate relations beyond their marriage. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had informed a mental health expert that once a year he sought paid sex on his special day. His attorneys informed the court he had joint inflammation resulting from the pressure of the original case.