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An individual has been found guilty on higher court review of raping Gisèle Pelicot following she was drugged unconscious by her spouse – and received his incarceration period raised to ten years.

Higher Court Case

Dogan, forty-four, an unemployed builder, who had contested his first conviction last year, experienced a appeal hearing this week at the Nîmes court of appeal.

A jury of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her residence in southern France in the morning of June 29, 2019.

The testimony revealed that the accused, a married father, made contact with Gisèle Pelicot’s spouse, the husband, in an online chatroom titled “without her consent”, where Pelicot was looking for men to visit his house to assault his wife once he had drugged her into a comatose state.

We expect the court will affirm that in this country, fundamental rights are also rights of women – that permission is personal, not delegated,” said the victim's attorney, her legal representative. “Consent is received directly and not through someone else from a husband.”

Case History

Dominique Pelicot, a notorious sexual predators in recent French history, was handed a sentence to 20 years in prison last year for sedating his then wife and inviting numerous individuals to sexually assault her in her home in the town of Mazan over a duration of many years of their marriage.

Fifty other men were found guilty in a high-profile trial last year, and Dogan was the sole individual to challenge his sentence. He was first sentenced to nine years in prison, a punishment increased on Thursday to 10 years.

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

Evidence Presented

Dogan had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his town in Provence to rape Gisèle Pelicot, after notifying his wife he was going out, the evidence indicated.

The ex-husband, who was brought from segregation in prison to briefly testify at the appeal trial, informed the court that the accused had been aware his wife had been “incapacitated” and he said to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a central issue for a broader debate on societal attitudes in society as Dogan continued to say he was innocent and had not engaged in violation, contending that because the victim's husband had invited him into the room, his actions had been permissible.

The panel in the higher court was presented with video evidence of the victim's limp body, sedated and snoring in a deep sleep, while a grinning Dogan committed rape on several occasions over a duration of what authorities reported was several hours. The court official said she had been at danger of fatal outcome by suffocation. The prosecution said there was absolute certainty that she had been unconscious and had not agreed.

Dogan's Claims

The defendant stated to the court the recordings were simply “sexual encounters” and denied it was rape. He said what he did was “a consensual activity”, not assault. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was acceptable. He said he was deceived by the husband. “I tried to halt,” Dogan told the court. “I continued because he persuaded me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I did not intend to harm that individual.”

Survivor's Statement

The survivor, who was cheered upon leaving court each day by supporters gathered to back her, addressed Dogan in court: “You haven’t understood. When will you acknowledge you raped me? It is illegal to assault an unaware woman. When did I ever give you consent? Not once.”

Gisèle Pelicot, 72, became an global icon after she gave up her right to privacy in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, turning to the victim in court, said Dogan’s refusal to take responsibility showed that: “Shame has not yet changed sides. Society is possibly in the midst of that, maybe propelled by the public consciousness brought by the exposure of your situation.”

Sie said the defendant's claims of non-guilt showed how rape culture was still common in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a society based on agreement.”

Sie told Dogan: “As long as you deny it, it’s not just a individual, it’s an whole disturbing social system that you are supporting.”

Biographical Details

The accused was originated from the country of Turkey and at the age of five relocated to the nation of France, where his parent worked as a building manager. The court heard that his father was abusive and that Dogan began using drugs at the age of ten. When he was 17 he was stopped by authorities for dealing drugs and his parent kicked him out the family house. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a laborer but had experienced periods of homelessness.

He was married and had a child with special needs, who he was the primary guardian for, as his spouse worked in a school canteen. The evidence showed his spouse did not know he had repeated extramarital activities outside their marriage. His legal team said this was his way of coping with his difficult circumstances. The defendant had informed a court psychologist that once a year he sought transactional encounters on his birthday. His lawyers told the court he had arthritis triggered by the pressure of the initial proceedings.