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A man has been found guilty on retrial of raping Gisèle Pelicot following she was sedated by her spouse – and received his prison sentence extended to a decade.

Higher Court Case

Dogan, forty-four, an unemployed builder, who had challenged his initial guilty verdict last year, underwent a appeal hearing this week at the appeals court in Nîmes.

A jury of four women and five men, joined by three judges, ruled against Dogan on Thursday of raping the victim in her residence in Provence in the morning of June 29, 2019.

The evidence showed that the accused, a married father, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform titled “unbeknownst to her”, where the husband was recruiting men to visit his house to rape his wife after he had rendered her unconscious into a comatose state.

We trust the court will declare that in this country, fundamental rights are also rights of women – that consent is individual, not given by another,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Permission is obtained directly and not by proxy from a spouse.”

Background

Dominique Pelicot, a notorious sexual predators in modern French history, was given a prison term to 20 years in prison last year for sedating his wife at the time and inviting multiple perpetrators to sexually assault her in her home in the community of Mazan over a duration of almost a decade of their union.

Numerous other individuals were found culpable in a notable trial last year, and Dogan was the only man to contest his sentence. He was originally given a sentence to nine years in prison, a sentence raised on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had contended he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

The defendant had first sent the husband inappropriate pictures and then traveled an hour from his town in the region to rape Gisèle Pelicot, after telling his wife he was going out, the testimony revealed.

Pelicot, who was transported from solitary confinement in prison to temporarily provide testimony at the appeal trial, stated to the court that Dogan had understood his wife had been “drugged” and he told to men by phone: “I seek someone to violate my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a focus point for a broader debate on societal attitudes in society as Dogan continued to say he was innocent and had not committed rape, contending that because Gisèle Pelicot’s husband had allowed him into the bedroom, his conduct had been acceptable.

The jury in the higher court was presented with visual proof of the victim's limp body, unconscious and breathing heavily in a unconscious condition, while a grinning Dogan engaged in violation repeatedly over a duration of what police said was several hours. The judge said she had been at danger of fatal outcome by choking. The state prosecution said there was no question that she had been unconscious and had not given permission.

Defendant's Statements

Dogan told the court the videos were simply “intimate moments” 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 the victim's husband had invited him to the home, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I attempted to cease,” Dogan informed the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I did not intend to hurt that woman.”

Pelicot's Words

The victim, who was applauded upon exiting the courtroom each day by onlookers gathered to support her, said to the defendant in court: “You fail to comprehend. When will you admit you raped me? It’s a crime to rape an incapacitated woman. When did I ever give you consent? Never.”

The victim, seventy-two, became an international feminist hero after she relinquished her right to anonymity in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take blame showed that: “The shame remains. The public is maybe in the midst of that, perhaps driven by the public consciousness spurred by the exposure of your case.”

Sie said Dogan’s claims of non-guilt showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change the culture of violence to a culture of consent.”

The prosecutor addressed the defendant: “As long as you reject it, it’s not just a individual, it’s an complete unpleasant cultural framework that you are endorsing.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of five moved to France, where his parent worked as a caretaker. The court heard that his parent was aggressive and that Dogan began using drugs at the age of 10. When he was seventeen he was caught 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 early 20s and had worked as a construction worker 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 spouse worked in a educational cafeteria. The testimony revealed his spouse did not know he had regular intimate relations outside their marriage. His legal team said this was his strategy for managing with his difficult circumstances. The defendant had stated to a evaluator that annually he engaged in commercial sex on his birthday. His lawyers stated to the court he had a medical condition resulting from the stress of the original case.