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An individual was convicted on appeal of raping Gisele Pelicot after she was sedated by her husband – and has had his incarceration period extended to 10 years.

Appeal Trial

The defendant, 44, an unemployed builder, who had challenged his initial guilty verdict last year, experienced a new trial this week at the higher court in Nîmes.

A panel of five men and four women, joined by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her bedroom in southern France in the early hours of 29 June 2019.

The evidence showed that the accused, a married father, made contact with Gisèle Pelicot’s husband at the time, the husband, in an digital platform named “unbeknownst to her”, where the husband was recruiting men to enter his residence to rape his wife after he had drugged her into a comatose state.

We trust the panel will affirm that in this country, fundamental rights are also rights of women – that agreement is personal, not delegated,” stated Gisèle Pelicot’s attorney, her legal representative. “Permission is received directly and not by proxy from a spouse.”

Context

The ex-husband, a notorious sex offenders in modern French history, was handed a sentence to two decades in prison last year for drugging his then wife and bringing in numerous individuals to sexually assault her in her home in the Provence village of Mazan over a span of almost a decade of their union.

Dozens of additional defendants were found culpable in a high-profile trial last year, and Dogan was the sole individual to challenge his sentence. He was originally given a sentence to 9 years in prison, a punishment increased on Thursday to 10 years.

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

Evidence Presented

Dogan had initially sent the husband inappropriate pictures and then traveled an hour from his residence in Provence to rape the victim, after informing his wife he was leaving, the court heard.

Pelicot, who was brought from segregation in prison to temporarily testify at the appeal trial, informed the court that Dogan had known his wife had been “drugged” and he communicated to men by phone: “I want someone to violate my wife after I’ve put her to sleep without her knowledge.”

The trial became a key topic for a broader debate on sexual violence norms in society as Dogan continued to assert he was not guilty and had not committed rape, contending that because Gisèle Pelicot’s husband had welcomed him into the residence, his actions had been permissible.

The panel in the Nîmes appeals court was presented with visual proof of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a comatose state, while a grinning Dogan committed rape multiple times over a timeframe of what police said was three and a half hours. The court official said she had been at peril of death by choking. The prosecution said there was no question that she had been incapacitated and had not agreed.

Defendant's Statements

Dogan stated to the court the footage were simply “sexual encounters” and denied it was assault. He said what he did was “an intimate behavior”, not assault. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused stated to the court. “I proceeded because he convinced me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I had no desire to hurt that woman.”

Victim's Response

Gisèle Pelicot, who was supported upon leaving court each day by supporters present to stand with her, told Dogan in court: “You do not grasp. When will you acknowledge you raped me? It is unlawful to assault an unconscious woman. At what point did I give you consent? Not once.”

Gisèle Pelicot, 72, became an international feminist hero after she gave up her right to privacy in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take responsibility showed that: “Shame has not yet changed sides. The public is maybe in the midst of that, possibly motivated by the societal understanding resulting from the exposure of your case.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still widespread in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a culture of consent.”

The prosecutor addressed the defendant: “For as much as you refuse to admit it, it’s not just a person, it’s an whole disturbing cultural framework that you are supporting.”

Biographical Details

The accused was originated from the country of Turkey and at the age of five relocated to France, where his father worked as a caretaker. The court heard that his parent was violent and that Dogan began using drugs at the age of 10. When he was seventeen he was stopped by authorities for dealing drugs and his parent kicked him out the residence. He spent time in prison for drug dealing in his early 20s and had worked as a laborer but had experienced periods of living on the streets.

He was married and had a son with special needs, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The testimony revealed his wife did not know he had frequent sexual encounters outside their marriage. His defence said this was his way of coping with his challenging existence. The defendant had stated to a court psychologist that once a year he engaged in commercial sex on his birthday. His lawyers told the court he had arthritis triggered by the pressure of the original case.