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

Higher Court Case

The defendant, 44, an out-of-work construction worker, who had appealed his first conviction last year, underwent a retrial this week at the Nîmes court of appeal.

A panel of five men and four women, joined by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in Provence in the morning of 29 June 2019.

The court heard that Dogan, a married father, reached out to the victim's then husband, the husband, in an digital platform called “without her knowledge”, where Pelicot was recruiting men to visit his house to assault his wife after he had rendered her unconscious into a unconscious state.

“We hope the court will say loud and clear that in this country, fundamental rights are also women’s rights – that agreement is individual, not delegated,” declared Gisèle Pelicot’s attorney, her legal representative. “Permission is obtained personally and not through someone else from a husband.”

Background

Dominique Pelicot, one of the worst sex offenders in modern French history, was handed a sentence to two decades in prison last year for sedating his then wife and bringing in dozens of men to sexually assault her in her home in the Provence village of the village of Mazan over a duration of many years of their marriage.

Numerous other individuals were found culpable in a widely publicized trial last year, and the appellant was the sole individual to contest his sentence. He was initially sentenced to nine years in prison, a punishment raised on Thursday to a decade.

The lead state prosecutor, the prosecutor, had stated he should serve twelve years, because he “completely denies to take any accountability”.

Evidence Presented

The defendant had first sent the husband sexually explicit photos and then driven an hour from his village in the region to rape Gisèle Pelicot, after informing his wife he was stepping out, the court heard.

The ex-husband, who was brought from solitary confinement in prison to temporarily provide testimony at the retrial, told the court that the accused had understood his wife had been “sedated” and he told to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a key topic for a broader debate on sexual violence norms in society as Dogan continued to assert he was blameless and had not committed rape, contending that because the victim's husband had welcomed him into the residence, his actions had been acceptable.

The jury in the higher court was presented with visual proof of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a deep sleep, while a smiling Dogan engaged in violation 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 prosecution said there was absolute certainty that she had been unaware and had not given permission.

Accused's Testimony

Dogan told the court the videos were simply “sexual encounters” and rejected it was violation. He said what he did was “a sexual act”, not rape. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan told the court. “I carried on because he persuaded me.”

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

Pelicot's Words

The victim, who was supported upon leaving court each day by supporters gathered to back her, told Dogan in court: “You fail to comprehend. When are you going to recognise you violated me? It is unlawful to rape an incapacitated woman. At what point did I give you consent? Never.”

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

State's Argument

Sie, speaking to Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “The shame remains. Society is maybe in the course of that, possibly propelled by the collective awareness brought by the revelation of your situation.”

Sie said Dogan’s claims of innocence showed how normalized violence was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a ethos of permission.”

Sie said to Dogan: “As long as you reject it, it’s not just a woman, it’s an entire sordid societal structure that you are supporting.”

Biographical Details

Dogan was born in the country of Turkey and at the age of 5 came to the nation of France, where his father worked as a building manager. The evidence indicated that his father was abusive and that the defendant began consuming marijuana at the age of ten. When he was 17 he was stopped by police for drug trafficking and his father forced him to leave of home. He spent time in prison for drug dealing in his early 20s 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 educational cafeteria. The evidence showed his spouse did not know he had frequent intimate relations beyond their union. His defence said this was his way of coping with his stressful life. The defendant had told a court psychologist that once a year he engaged in paid sex on his special day. His legal representatives told the court he had arthritis triggered by the stress of the original case.