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An individual was declared guilty on higher court review of raping Gisele Pelicot following she was drugged unconscious by her then-husband – and was given his jail term extended to 10 years.

Retrial Proceedings

The defendant, forty-four, an unemployed builder, who had contested his initial guilty verdict last year, faced a retrial this week at the Nîmes court of appeal.

A jury of nine jurors, joined by three judges, found Dogan guilty on Thursday of raping Pelicot in her home in the south of France in the morning of 29 June 2019.

The court heard that Dogan, a family man, made contact with Gisèle Pelicot’s spouse, the husband, in an digital platform titled “without her knowledge”, where Pelicot was recruiting men to visit his house to assault his wife once he had sedated her into a unconscious state.

“We hope the panel will affirm that in this nation, human rights are also rights of women – that consent is individual, not transferred,” stated the victim's lawyer, her legal representative. “Consent is obtained personally and not by proxy from a husband.”

Background

The ex-husband, a notorious sex offenders in France's contemporary records, was sentenced to 20 years in prison last year for drugging his wife at the time and soliciting multiple perpetrators to sexually assault her in her home in the community of Mazan over a period of nearly ten years of their union.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and the appellant was the sole individual to appeal against his conviction. He was originally given a sentence to 9 years in prison, a penalty enhanced on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had argued he should serve 12 years, because he “completely denies to take any accountability”.

Testimony and Proof

Dogan had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his village in Provence to assault Gisèle Pelicot, after notifying his wife he was leaving, the evidence indicated.

Pelicot, who was brought from segregation in prison to briefly testify at the hearing, told the court that Dogan had known his wife had been “drugged” and he said to men by phone: “I seek someone to assault my wife after I’ve put her to sleep without her consent.”

The proceedings became a key topic for a larger conversation on sexual violence norms in society as Dogan continued to claim he was innocent and had not committed rape, contending that because Gisèle Pelicot’s husband had allowed him into the bedroom, his behavior had been acceptable.

The panel in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s unconscious figure, comatose and snoring in a comatose state, while a smiling Dogan performed assault repeatedly over a timeframe of what investigators stated was 3.5 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 given permission.

Accused's Testimony

Dogan stated to the court the footage were simply “sexual encounters” and disputed it was violation. He said what he did was “a sexual act”, not assault. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was permissible. He said he was manipulated by the husband. “I wanted to stop,” Dogan stated to the court. “I continued because he persuaded me.”

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

Survivor's Statement

Gisèle Pelicot, who was cheered upon leaving court each day by crowds gathered to support her, told Dogan in court: “You do not grasp. When will you admit you assaulted me? It is unlawful to assault an incapacitated woman. How could I have give you permission? Not once.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s refusal to take blame showed that: “Shame has not yet changed sides. Society is maybe in the process of that, perhaps motivated by the collective awareness spurred by the exposure of your ordeal.”

The prosecutor said Dogan’s claims of blamelessness showed how rape culture was still widespread in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change rape culture to a society based on agreement.”

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

Biographical Details

The accused was born in Turkey and at the age of five came to France, where his father worked as a building manager. The court heard that his parent was abusive and that Dogan began consuming marijuana at the age of ten. When Dogan was 17 he was caught by police for selling narcotics and his father evicted him the family house. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a builder but had experienced periods of living on the streets.

He was married and had a son with a genetic condition, who he was the main caregiver for, as his spouse worked in a school canteen. The evidence showed his spouse did not know he had repeated extramarital activities outside their union. His defence said this was his way of coping with his challenging existence. The defendant had informed a court psychologist that annually he engaged in transactional encounters on his special day. His lawyers stated to the court he had arthritis triggered by the anxiety of the original case.