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

Retrial Proceedings

The defendant, 44, an out-of-work construction worker, who had contested his first conviction last year, underwent 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 the victim in her residence in southern France in the early hours of June 29, 2019.

The testimony revealed that Dogan, a family man, reached out to the victim's spouse, the husband, in an digital platform named “without her knowledge”, where the husband was looking for men to enter his residence to assault his wife after he had rendered her unconscious into a unconscious state.

We expect the panel will declare that in this nation, human rights are also women’s rights – that permission is personal, not transferred,” declared Gisèle Pelicot’s lawyer, her legal representative. “Consent is received directly and not through someone else from a husband.”

Background

Dominique Pelicot, among the most severe sexual predators in modern French history, was sentenced to two decades in prison last year for sedating his wife at the time and soliciting numerous individuals to sexually assault her in her home in the Provence village of the village of Mazan over a duration of many years of their union.

Numerous other individuals were found convicted in a notable trial last year, and the appellant was the single defendant to appeal against his sentence. He was first handed a term to nine years in prison, a penalty enhanced on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had stated he should serve twelve years, because he “absolutely refuses to take any blame”.

Testimony and Proof

The defendant had initially sent the husband inappropriate pictures and then traveled an hour from his town in Provence to assault Gisèle Pelicot, after informing his wife he was stepping out, the court heard.

Pelicot, who was transported from segregation in prison to briefly testify at the retrial, stated to the court that the accused had understood his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep without her consent.”

The trial became a focus point for a broader debate on rape culture in society as the defendant continued to assert he was innocent and had not committed rape, stating that because Gisèle Pelicot’s husband had invited him into the residence, his behavior had been acceptable.

The jury in the higher court was displayed recorded footage of the victim's unresponsive form, unconscious and snoring in a unconscious condition, while a grinning Dogan committed rape multiple times over a timeframe of what police said was 3.5 hours. The judge said she had been at danger of death by asphyxiation. The state prosecution said there was absolute certainty that she had been incapacitated and had not consented.

Dogan's Claims

Dogan stated to the court the footage were simply “sexual encounters” and denied it was assault. He said what he did was “a sexual act”, not rape. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” Dogan told the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I had no desire to hurt that lady.”

Survivor's Statement

The victim, who was cheered upon leaving court each day by onlookers gathered to back her, addressed Dogan in court: “You do not grasp. When are you going to recognise you assaulted me? It’s a crime to rape an unconscious woman. How could I have give you permission? Never.”

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

Legal Commentary

Sie, addressing Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “Guilt has not shifted. Society is perhaps in the course of that, perhaps propelled by the societal understanding brought by the publication of your case.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

Sie told Dogan: “As long as you reject it, it’s not just a individual, it’s an complete unpleasant social system that you are upholding.”

Personal History

Dogan was originated from Turkey and at the age of five came to the nation of France, where his parent worked as a caretaker. The testimony revealed that his parent was violent and that the defendant began using drugs aged 10. When Dogan was 17 he was apprehended by authorities for dealing drugs and his parent forced him to leave the residence. He spent time in prison for drug dealing in his early 20s and had worked as a construction worker but had faced periods of homelessness.

He was married and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had frequent sexual encounters outside their union. His legal team said this was his way of coping with his difficult circumstances. Dogan had stated to a mental health expert that once a year he sought transactional encounters on his special day. His lawyers stated to the court he had joint inflammation caused by the pressure of the initial proceedings.