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A defendant was declared guilty on higher court review of raping Gisèle Pelicot after she was sedated by her husband – and has had his prison sentence extended to 10 years.

Higher Court Case

The defendant, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, underwent a appeal hearing this week at the Nîmes court of appeal.

A jury of nine jurors, joined by three judges, found Dogan guilty on Thursday of raping the victim in her bedroom in the south of France in the early hours of 29 June 2019.

The evidence showed that the accused, a family man, made contact with the victim's spouse, Dominique Pelicot, in an internet forum called “unbeknownst to her”, where the husband was seeking men to visit his house to rape his wife after he had rendered her unconscious 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 consent is personal, not given by another,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Permission is secured directly and not by proxy from a husband.”

Background

Dominique Pelicot, one of the worst sexual predators in recent French history, was sentenced to two decades in prison last year for incapacitating his wife at the time and bringing in numerous individuals to rape her in her home in the Provence village of the village of Mazan over a span of nearly ten years of their marriage.

Dozens of additional defendants were found guilty in a notable trial last year, and the appellant was the sole individual to challenge his verdict. He was first sentenced to nine years in prison, a sentence increased on Thursday to ten years.

The chief prosecutor, Dominique Sie, had argued he should serve twelve years, because he “completely denies to take any blame”.

Testimony and Proof

The defendant had initially sent the husband sexually explicit photos and then traveled an hour from his town in Provence to assault the victim, after informing his wife he was stepping out, the evidence indicated.

The ex-husband, who was brought from isolation in prison to briefly testify at the hearing, informed the court that the accused had been aware 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 trial became a key topic for a wider discussion on rape culture in society as the defendant continued to assert he was blameless and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had welcomed him into the residence, his conduct had been justifiable.

The panel in the higher court was displayed recorded footage of the victim's unresponsive form, comatose and snoring in a comatose state, while a grinning Dogan committed rape on several occasions over a period of what police said was 3.5 hours. The presiding judge said she had been at peril of fatal outcome by suffocation. The prosecution said there was absolute certainty that she had been unaware and had not consented.

Defendant's Statements

Dogan stated to the court the videos were simply “intimate moments” and disputed it was violation. He said what he did was “a sexual act”, not rape. He declared 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 deceived by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I continued because he convinced me.”

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

Victim's Response

The victim, who was cheered upon exiting the courtroom each day by crowds present to stand with her, told the defendant in court: “You fail to comprehend. When will you acknowledge you violated me? It is unlawful to assault an unaware woman. When did I ever give you agreement? Never.”

Gisèle Pelicot, 72, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, turning to the victim in court, said the defendant's unwillingness to take accountability showed that: “Guilt has not shifted. The community is perhaps in the midst of that, possibly driven by the collective awareness spurred by the exposure of your ordeal.”

The prosecutor said Dogan’s claims of blamelessness showed how rape culture was still common in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

Sie told the defendant: “While you reject it, it’s not just a person, it’s an complete unpleasant societal structure that you are endorsing.”

Biographical Details

The accused was originated from the country of Turkey and at the age of five relocated to the nation of France, where his father worked as a concierge. The court heard that his parent was violent and that Dogan began smoking cannabis aged ten. When he was 17 he was stopped by police for dealing drugs and his father forced him to leave the family house. He spent time in prison for narcotics offenses in his twenties and had worked as a construction worker but had faced periods of living on the streets.

He was married and had a child with a genetic condition, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The testimony revealed his wife did not know he had repeated sexual encounters outside their marriage. His legal team said this was his way of coping with his stressful life. The defendant had told a court psychologist that each year he looked for transactional encounters on his birthday. His attorneys stated to the court he had joint inflammation triggered by the pressure of the initial proceedings.