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A man was convicted on appeal of raping Gisele Pelicot after she was sedated by her then-husband – and received his jail term increased to a decade.

Retrial Proceedings

The defendant, 44, an unemployed builder, who had contested his first conviction last year, experienced a new trial this week at the appeals court in Nîmes.

A panel of four women and five men, sitting with three judges, found Dogan guilty on Thursday of raping Pelicot in her home in Provence in the early hours of June 29, 2019.

The evidence showed that the accused, a family man, made contact with the victim's husband at the time, Dominique Pelicot, in an digital platform named “without her consent”, where Pelicot was recruiting men to enter his residence to rape his wife once he had sedated her into a unconscious state.

“We hope the jury will affirm that in this society, fundamental rights are also rights of women – that permission is personal, not given by another,” declared Gisèle Pelicot’s lawyer, her legal representative. “Consent is secured directly and not through someone else from a husband.”

Background

The ex-husband, one of the worst sexual predators in modern French history, was given a prison term to two decades in prison last year for incapacitating his wife at the time and bringing in numerous individuals to sexually assault her in her home in the community of the village of Mazan over a span of many years of their union.

Dozens of additional defendants were found guilty in a high-profile trial last year, and the appellant was the only man to appeal against his verdict. He was initially sentenced to nine years in prison, a penalty raised on Thursday to ten years.

The lead state prosecutor, the prosecutor, had argued he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

The defendant had initially 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 isolation in prison to temporarily give evidence at the hearing, informed the court that Dogan had been aware his wife had been “drugged” and he told to men by phone: “I want someone to abuse my wife after I’ve put her to sleep without her consent.”

The proceedings became a key topic for a broader debate on societal attitudes 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 bedroom, his conduct had been acceptable.

The jury in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a unconscious condition, while a smiling the perpetrator performed assault repeatedly over a timeframe of what authorities reported was 3.5 hours. The presiding judge said she had been at risk of fatal outcome by choking. The state's case said there was no question that she had been unaware and had not given permission.

Dogan's Claims

The defendant informed the court the recordings were simply “sex scenes” and denied it was violation. He said what he did was “an intimate behavior”, not assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I continued because he convinced me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I had no desire to injure that woman.”

Survivor's Statement

The survivor, who was cheered upon departing the trial each day by supporters gathered to support her, said to the defendant in court: “You fail to comprehend. When are you going to recognise you assaulted me? It is unlawful to rape an incapacitated woman. At what point did I give you permission? Not once.”

The victim, seventy-two, became an global icon after she gave up her right to privacy in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, addressing Gisèle Pelicot in court, said the defendant's failure to take responsibility showed that: “Guilt has not shifted. Society is maybe in the process of that, possibly motivated by the public consciousness resulting from the revelation of your situation.”

Sie said the defendant's claims of blamelessness showed how rape culture was still widespread in society as part of “outdated” forms of “male domination”. He said: “We need to change rape culture to a ethos of permission.”

The prosecutor told Dogan: “For as much as you deny it, it’s not just a individual, it’s an entire unpleasant social system that you are supporting.”

Personal History

Dogan was originated from Turkey and at the age of 5 relocated to the nation of France, where his father worked as a building manager. The court heard that his father was abusive and that Dogan began smoking cannabis aged ten. When Dogan was 17 he was caught by authorities for selling narcotics and his parent forced him to leave of home. He served time in prison for drug dealing in his twenties and had worked as a builder but had experienced periods of being unhoused.

He was wed and had a child with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The court heard his spouse did not know he had repeated extramarital activities outside their union. His defence said this was his strategy for managing with his challenging existence. The defendant had informed a evaluator that annually he engaged in paid sex on his special day. His attorneys informed the court he had joint inflammation triggered by the stress of the first trial.