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An individual was convicted on higher court review of raping Gisele Pelicot after she was drugged unconscious by her spouse – and has had his prison sentence increased to ten years.

Retrial Proceedings

The defendant, 44, an unemployed builder, who had appealed his first conviction last year, faced a appeal hearing this week at the appeals court in Nîmes.

A panel of five men and four women, joined by three judges, found Dogan guilty on Thursday of raping the victim in her residence in Provence in the early hours of 29 June 2019.

The court heard that Dogan, a married father, connected with the victim's then husband, the husband, in an internet forum named “without her consent”, where Pelicot was seeking men to enter his residence to assault his wife once he had sedated her into a comatose state.

We trust the panel will declare that in this nation, fundamental rights are also rights of women – that agreement is individual, not transferred,” stated the victim's attorney, Antoine Camus. “Consent is secured directly and not via a representative from a husband.”

Context

Dominique Pelicot, a notorious sex offenders in recent French history, was given a prison term to 20 years in prison last year for drugging his wife at the time and inviting multiple perpetrators to sexually assault her in her home in the Provence village of the village of Mazan over a period of nearly ten years of their marriage.

Numerous other individuals were found guilty in a widely publicized trial last year, and Dogan was the only man to appeal against his conviction. He was first sentenced to nine years in prison, a punishment raised on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had argued he should serve twelve years, because he “absolutely refuses to take any accountability”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot graphic images and then driven an hour from his town in the region to rape Gisèle Pelicot, after telling his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from segregation in prison to temporarily testify at the retrial, told the court that Dogan had been aware his wife had been “drugged” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve sedated her without her consent.”

The courtroom became a key topic for a larger conversation on rape culture in society as the defendant continued to claim he was blameless and had not engaged in violation, contending that because the victim's husband had welcomed him into the bedroom, his behavior had been acceptable.

The jury in the Nîmes appeals court was displayed video evidence of the victim's unconscious figure, comatose and breathing heavily in a unconscious condition, while a smiling the perpetrator performed assault on several occasions over a period of what investigators stated was 3.5 hours. The court official said she had been at risk of fatal outcome by suffocation. The state's case said there was absolute certainty that she had been unaware and had not agreed.

Defendant's Statements

Dogan told the court the videos were simply “sexual encounters” and denied it was assault. He said what he did was “a consensual activity”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused told the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to injure that lady.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon departing the trial each day by supporters assembled to stand with her, said to Dogan in court: “You fail to comprehend. When will you admit you violated me? It’s a crime to assault an incapacitated woman. At what point did I give you consent? Never.”

The victim, seventy-two, became an global icon after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, speaking to the victim in court, said Dogan’s refusal to take responsibility showed that: “The shame remains. The community is perhaps in the midst of that, possibly driven by the collective awareness resulting from the publication of your case.”

Sie said the defendant's claims of blamelessness showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change the culture of violence to a ethos of permission.”

Sie addressed the defendant: “As long as you reject it, it’s not just a individual, it’s an whole unpleasant social system that you are supporting.”

Defendant's Background

Dogan was originated from Turkey and at the age of 5 relocated to France, where his father worked as a concierge. The court heard that his father was aggressive and that the defendant began smoking cannabis aged ten. When Dogan was 17 he was caught by authorities for selling narcotics and his father forced him to leave the family house. He spent time in prison for drug dealing in his young adulthood and had worked as a laborer but had faced periods of being unhoused.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his wife worked in a institution's dining hall. The evidence showed his spouse did not know he had repeated intimate relations outside their union. His defence said this was his way of coping with his stressful life. Dogan had told a mental health expert that once a year he looked for commercial sex on his birthday. His legal representatives stated to the court he had joint inflammation caused by the stress of the first trial.