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An individual has been found guilty on appeal of raping Gisele Pelicot following she was drugged unconscious by her spouse – and received his incarceration period increased to ten years.

Higher Court Case

The defendant, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, underwent a new trial this week at the higher court in Nîmes.

A panel of nine jurors, joined by three judges, found Dogan guilty on Thursday of raping the victim in her residence in Provence in the early hours of June 29, 2019.

The court heard that Dogan, a married father, made contact with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom titled “without her consent”, where the husband was seeking men to enter his residence to rape his wife after he had rendered her unconscious into a comatose state.

“We hope the court will declare that in this nation, fundamental rights are also rights of women – that agreement is individual, not delegated,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is secured personally and not through someone else from a spouse.”

Context

The husband, a notorious sexual predators in modern French history, was given a prison term to twenty years in prison last year for incapacitating his wife at the time and bringing in multiple perpetrators to sexually assault her in her home in the community of the village of Mazan over a span of many years of their union.

Fifty other men were found guilty in a notable trial last year, and the appellant was the single defendant to challenge his conviction. He was initially given a sentence to nine years in prison, a sentence raised on Thursday to 10 years.

The state's attorney, the prosecutor, had argued he should serve twelve years, because he “absolutely refuses to take any accountability”.

Testimony and Proof

Dogan had initially sent the husband sexually explicit photos and then traveled an hour from his town in the region to rape Gisèle Pelicot, after telling his wife he was going out, the testimony revealed.

The ex-husband, who was brought from segregation in prison to temporarily testify at the hearing, told the court that Dogan had been aware his wife had been “drugged” and he said to men by phone: “I seek someone to violate my wife after I’ve sedated her unbeknownst to her.”

The trial became a focus point for a larger conversation on societal attitudes in society as the defendant continued to claim he was blameless and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had invited him into the bedroom, his actions had been justifiable.

The jury in the higher court was displayed visual proof of the victim's unresponsive form, comatose and breathing heavily in a unconscious condition, while a grinning the perpetrator committed rape multiple times over a period of what investigators stated was three and a half hours. The judge said she had been at peril of death by suffocation. The prosecution said there was no doubt that she had been unaware and had not consented.

Accused's Testimony

Dogan stated to the court the footage were simply “sexual encounters” and disputed it was assault. He said what he did was “a consensual activity”, not rape. He stated the court: “I did not commit rape.” He said the victim's husband had allowed him to the home, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused told the court. “I proceeded because he reassured me.”

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

Pelicot's Words

The survivor, who was applauded upon departing the trial each day by onlookers present to support her, told Dogan in court: “You fail to comprehend. When are you going to recognise you assaulted me? It is unlawful to assault an unconscious woman. How could I have give you permission? Not once.”

The victim, 72, became an global icon after she waived her right to anonymity in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “The shame remains. The community is perhaps in the process of that, possibly propelled by the societal understanding resulting from the revelation of your situation.”

Sie said the defendant's claims of non-guilt showed how rape culture was still widespread in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

The prosecutor said to Dogan: “As long as you deny it, it’s not just a woman, it’s an entire disturbing social system that you are upholding.”

Biographical Details

The accused was originated from the country of Turkey and at the age of 5 relocated to France, where his father worked as a concierge. The evidence indicated that his parent was abusive and that the defendant began using drugs aged 10. When Dogan was 17 he was apprehended by authorities for drug trafficking and his father forced him to leave the residence. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a laborer but had faced periods of homelessness.

He was wed and had a son with special needs, who he was the principal carer for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had regular sexual encounters outside their marriage. His defence said this was his method of dealing with his difficult circumstances. Dogan had stated to a court psychologist that once a year he engaged in commercial sex on his special day. His attorneys informed the court he had joint inflammation caused by the stress of the original case.