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An individual was declared guilty on appeal of raping Gisèle Pelicot after she was drugged unconscious by her husband – and has had his incarceration period increased to ten years.

Appeal Trial

The defendant, 44, an unemployed builder, who had contested his first conviction last year, faced a retrial this week at the higher court in Nîmes.

A panel of nine jurors, joined by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her residence in Provence in the early hours of June 29, 2019.

The court heard that Dogan, a family man, made contact with the victim's spouse, Dominique Pelicot, in an internet forum named “without her knowledge”, where Pelicot was recruiting men to enter his residence to rape his wife once he had sedated her into a comatose state.

We trust the panel will declare that in this country, human rights are also rights of women – that consent is personal, not delegated,” declared the victim's attorney, her legal representative. “Agreement is obtained directly and not via a representative from a spouse.”

Context

The husband, one of the worst sex offenders in recent French history, was given a prison term to 20 years in prison last year for sedating his spouse and bringing in numerous individuals to rape her in her home in the Provence village of Mazan over a period of many years of their marriage.

Fifty other men were found guilty in a high-profile trial last year, and Dogan was the only man to challenge his sentence. He was first sentenced to 9 years in prison, a penalty increased on Thursday to a decade.

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

Courtroom Details

The defendant had first sent the husband inappropriate pictures and then driven an hour from his village in Provence to assault the victim, after telling his wife he was going out, the evidence indicated.

Pelicot, who was brought from solitary confinement in prison to temporarily give evidence at the appeal trial, told the court that the accused had known his wife had been “incapacitated” and he said to men by phone: “I seek someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

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

The jury in the higher court was shown visual proof of the victim's unresponsive form, comatose and breathing heavily in a deep sleep, while a grinning the perpetrator committed rape multiple times over a timeframe of what police said was 3.5 hours. The judge said she had been at danger of death by suffocation. The state prosecution said there was absolute certainty that she had been unaware and had not consented.

Defendant's Statements

The defendant stated to the court the recordings were simply “sex scenes” and denied it was assault. He said what he did was “an intimate behavior”, not rape. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I tried to halt,” the accused stated to the court. “I proceeded because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to harm that individual.”

Pelicot's Words

The survivor, who was supported upon leaving court each day by onlookers assembled to back her, addressed Dogan in court: “You haven’t understood. When will you admit you assaulted me? It’s a crime to assault an unaware woman. How could I have give you agreement? Never.”

The victim, seventy-two, became an symbol of resistance after she relinquished her right to confidentiality in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's refusal to take blame showed that: “Guilt has not shifted. The community is possibly in the midst of that, perhaps driven by the societal understanding resulting from the exposure of your ordeal.”

The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still common in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change the culture of violence to a society based on agreement.”

Sie addressed Dogan: “As long as you reject it, it’s not just a woman, it’s an complete unpleasant cultural framework that you are supporting.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five moved to France, where his father worked as a caretaker. The evidence indicated that his father was violent and that Dogan began consuming marijuana aged ten. When he was 17 he was apprehended by authorities for drug trafficking and his father kicked him out the family house. He served time in prison for narcotics offenses in his young adulthood and had worked as a builder but had undergone periods of homelessness.

He was wed and had a child with special needs, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The court heard his wife did not know he had repeated sexual encounters beyond their union. His defence said this was his way of coping with his challenging existence. The defendant had informed a court psychologist that each year he looked for paid sex on his special day. His legal representatives stated to the court he had joint inflammation caused by the stress of the initial proceedings.