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An individual has been found guilty on appeal of raping Gisele Pelicot after she was sedated by her spouse – and has had his jail term extended to ten years.

Appeal Trial

Dogan, forty-four, an unemployed builder, who had contested his initial guilty verdict last year, faced a new trial this week at the higher court in Nîmes.

A panel of five men and four women, accompanied by three judges, ruled against Dogan on Thursday of raping Pelicot in her bedroom in southern France in the morning of June 29, 2019.

The evidence showed that Dogan, a married father, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an internet forum titled “without her knowledge”, where Pelicot was recruiting men to visit his house to rape his wife once he had sedated her into a deep sleep.

We trust 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 the victim's attorney, her legal representative. “Consent is obtained personally and not through someone else from a spouse.”

Background

The ex-husband, one of the worst sexual predators in modern French history, was sentenced to 20 years in prison last year for drugging his spouse and inviting 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 marriage.

Numerous other individuals were found guilty in a high-profile trial last year, and Dogan was the only man to contest his sentence. He was first given a sentence to 9 years in prison, a sentence enhanced on Thursday to 10 years.

The chief prosecutor, the prosecutor, had contended he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

The defendant had initially sent the husband graphic images and then traveled an hour from his village in Provence to rape the victim, after telling his wife he was stepping out, the evidence indicated.

Pelicot, who was transported from segregation in prison to temporarily give evidence at the appeal trial, stated to the court that Dogan had been aware his wife had been “incapacitated” and he told to men by phone: “I seek someone to assault my wife after I’ve sedated her unbeknownst to her.”

The proceedings became a key topic for a broader debate on rape culture in society as the defendant continued to say he was not guilty and had not committed rape, arguing that because Gisèle Pelicot’s husband had welcomed him into the residence, his actions had been justifiable.

The panel in the higher court was displayed visual proof of Gisèle Pelicot’s limp body, sedated and snoring in a unconscious condition, while a grinning the perpetrator engaged in violation repeatedly over a timeframe of what investigators stated was several hours. The court official said she had been at danger of fatal outcome by suffocation. The prosecution said there was no question that she had been incapacitated and had not agreed.

Dogan's Claims

The defendant told the court the videos were simply “sexual encounters” and denied it was rape. He said what he did was “an intimate behavior”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I continued because he convinced me.”

Asked if he wanted to make a last words to the court, the defendant said: “I had no desire to hurt that woman.”

Pelicot's Words

The survivor, who was cheered upon departing the trial each day by crowds assembled to support her, told Dogan in court: “You fail to comprehend. When will you acknowledge you violated me? It is unlawful to rape an unconscious woman. When did I ever give you agreement? Not once.”

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

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s refusal to take accountability showed that: “Shame has not yet changed sides. The public is possibly in the course of that, maybe propelled by the public consciousness resulting from the publication of your case.”

The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

Sie addressed the defendant: “While you reject it, it’s not just a person, it’s an complete disturbing cultural framework that you are endorsing.”

Personal History

The accused was originated from the country of Turkey and at the age of five came to the nation of France, where his parent worked as a caretaker. The court heard that his father was abusive and that the defendant began consuming marijuana aged ten. When he was 17 he was caught by police for drug trafficking and his parent kicked him out of home. He was incarcerated in prison for trafficking in his young adulthood and had worked as a builder but had undergone periods of homelessness.

He was married and had a child with Down’s syndrome, who he was the main caregiver for, as his wife worked in a educational cafeteria. The court heard his spouse did not know he had repeated sexual encounters beyond their marriage. His legal team said this was his way of coping with his stressful life. Dogan had informed a court psychologist that each year he looked for transactional encounters on his special day. His lawyers informed the court he had joint inflammation resulting from the stress of the first trial.