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A man has been found guilty on higher court review of raping Gisèle Pelicot after she was sedated by her spouse – and received his incarceration period extended to 10 years.

Higher Court Case

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

A jury of five men and four women, sitting with three judges, ruled against Dogan on Thursday of raping the victim in her home in Provence 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 digital platform named “without her consent”, where the husband was looking for men to come to his home to assault his wife once he had sedated her into a unconscious state.

“We hope the panel will affirm that in this country, human rights are also women’s rights – that permission is individual, not delegated,” declared Gisèle Pelicot’s attorney, her legal representative. “Permission is obtained directly and not through someone else from a husband.”

Background

The husband, a notorious sexual predators in France's contemporary records, was sentenced to twenty years in prison last year for sedating his spouse and bringing in dozens of men to rape her in her home in the community of Mazan over a duration of nearly ten years of their union.

Dozens of additional defendants were found culpable in a notable trial last year, and the appellant was the sole individual to challenge his verdict. He was originally handed a term to 9 years in prison, a punishment enhanced on Thursday to ten years.

The chief prosecutor, Dominique Sie, had argued he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Evidence Presented

Dogan had first sent the husband sexually explicit photos and then driven an hour from his residence in Provence to rape the victim, after notifying his wife he was leaving, the evidence indicated.

The ex-husband, who was brought from segregation in prison to briefly testify at the retrial, stated to the court that Dogan had known his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her unbeknownst to her.”

The trial became a central issue for a broader debate on rape culture in society as the defendant continued to assert he was blameless and had not engaged in violation, arguing that because the victim's husband had invited him into the room, his behavior had been acceptable.

The panel in the higher court was shown visual proof of the victim's unconscious figure, comatose and snoring in a comatose state, while a grinning Dogan committed rape repeatedly over a duration of what authorities reported was several hours. The presiding judge said she had been at risk of death by choking. The prosecution said there was no doubt that she had been unconscious and had not given permission.

Defendant's Statements

Dogan stated to the court the recordings were simply “sexual encounters” and disputed it was assault. He said what he did was “an intimate behavior”, not assault. He declared the court: “I never raped.” He said the victim's husband had allowed him to the home, and therefore it was acceptable. He said he was manipulated by the husband. “I tried to halt,” the accused informed the court. “I continued because he persuaded me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to injure that lady.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by supporters present to stand with her, said to the defendant in court: “You fail to comprehend. When will you admit you assaulted me? It is illegal to rape an unconscious woman. At what point did I give you agreement? Not once.”

The victim, seventy-two, became an international feminist hero 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 Dogan’s refusal to take responsibility showed that: “Shame has not yet changed sides. Society is perhaps in the course of that, perhaps driven by the collective awareness resulting from the publication of your ordeal.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still prevalent in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

Sie told the defendant: “While you refuse to admit it, it’s not just a person, it’s an entire sordid cultural framework that you are endorsing.”

Personal History

Dogan was originated from Turkey and at the age of 5 moved to the nation of France, where his father worked as a building manager. The court heard that his parent was abusive and that Dogan began smoking cannabis at the age of ten. When he was 17 he was stopped by authorities for selling narcotics and his parent kicked him out of home. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a builder but had undergone periods of living on the streets.

He was married and had a child with a genetic condition, who he was the main caregiver for, as his wife worked in a school canteen. The court heard his spouse did not know he had repeated extramarital activities beyond their union. His legal team said this was his method of dealing with his challenging existence. Dogan had told a mental health expert that once a year he looked for transactional encounters on his birthday. His attorneys informed the court he had a medical condition resulting from the stress of the first trial.