🔗 Share this article

An individual has been found guilty on higher court review of raping Gisele Pelicot following she was sedated by her spouse – and was given his jail term extended to a decade.

Appeal Trial

Dogan, 44, an unemployed builder, who had appealed his initial guilty verdict last year, faced a appeal hearing this week at the higher court in Nîmes.

A jury of nine jurors, sitting with three judges, found Dogan guilty on Thursday of raping Pelicot in her residence in the south of France in the early hours of 29 June 2019.

The testimony revealed that Dogan, a family man, made contact with the victim's husband at the time, the husband, in an internet forum titled “unbeknownst to her”, where the husband was looking for men to come to his home to rape his wife once he had drugged her into a unconscious state.

We expect the jury will affirm that in this country, human rights are also rights of women – that agreement is personal, not transferred,” declared the victim's lawyer, Antoine Camus. “Consent is obtained directly and not via a representative from a husband.”

Background

The ex-husband, a notorious sexual predators in modern French history, was given a prison term to twenty years in prison last year for sedating his wife at the time and inviting multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a duration of nearly ten years of their marriage.

Fifty other men were found guilty in a high-profile trial last year, and the appellant was the only man to challenge his conviction. He was initially sentenced to nine years in prison, a penalty increased on Thursday to ten years.

The chief prosecutor, the prosecutor, had argued he should serve 12 years, because he “completely denies to take any responsibility”.

Testimony and Proof

Dogan had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his town in the region to rape the victim, after informing his wife he was going out, the testimony revealed.

The ex-husband, who was brought from solitary confinement in prison to temporarily testify at the appeal trial, stated to the court that the accused had understood his wife had been “sedated” and he told to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep without her knowledge.”

The courtroom became a focus point for a wider discussion on sexual violence norms in society as Dogan continued to say he was blameless and had not engaged in violation, contending that because Gisèle Pelicot’s husband had allowed him into the room, his behavior had been justifiable.

The jury in the higher court was presented with recorded footage of the victim's limp body, sedated and breathing heavily in a unconscious condition, while a grinning the perpetrator engaged in violation multiple times over a duration of what authorities reported was 3.5 hours. The judge said she had been at risk of fatal outcome by asphyxiation. The prosecution said there was no doubt that she had been unaware and had not agreed.

Dogan's Claims

Dogan told the court the recordings were simply “sex scenes” and rejected it was assault. He said what he did was “a consensual activity”, not rape. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused stated to the court. “I carried on because he reassured me.”

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

Victim's Response

The victim, who was cheered upon exiting the courtroom each day by crowds gathered to stand with her, told Dogan in court: “You haven’t understood. When will you admit you raped me? It is unlawful to assault an unaware woman. At what point did I give you permission? Never.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, turning to the victim in court, said the defendant's refusal to take blame showed that: “Shame has not yet changed sides. The community is possibly in the course of that, possibly motivated by the collective awareness resulting from the publication of your case.”

The prosecutor said the defendant's claims of non-guilt showed how rape culture was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change rape culture to a culture of consent.”

The prosecutor said to the defendant: “While you deny it, it’s not just a woman, it’s an entire disturbing cultural framework that you are endorsing.”

Defendant's Background

Dogan was originated from Turkey and at the age of five came to France, where his parent worked as a caretaker. The testimony revealed that his parent was abusive and that Dogan began using drugs aged 10. When Dogan was 17 he was caught by authorities for dealing drugs and his parent kicked him out the family house. He spent time in prison for trafficking in his young adulthood and had worked as a construction worker but had faced periods of homelessness.

He was married and had a son with Down’s syndrome, who he was the main caregiver for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had repeated intimate relations beyond their union. His defence said this was his method of dealing with his stressful life. Dogan had told a mental health expert that each year he engaged in commercial sex on his birthday. His attorneys informed the court he had a medical condition resulting from the stress of the original case.