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An individual was convicted on retrial of sexually assaulting Gisèle Pelicot following she was sedated by her then-husband – and received his prison sentence increased to 10 years.

Appeal Trial

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

A panel of nine jurors, sitting with three judges, found Dogan guilty on Thursday of raping Pelicot in her bedroom in southern France in the early hours of 29 June 2019.

The evidence showed that Dogan, a family man, reached out to Gisèle Pelicot’s spouse, the husband, in an digital platform titled “without her consent”, where Pelicot was looking for men to visit his house to rape his wife after he had drugged her into a unconscious state.

We trust the panel will affirm that in this society, human rights are also rights of women – that consent is individual, not delegated,” declared the victim's attorney, Antoine Camus. “Consent is received directly and not via a representative from a husband.”

Context

The husband, one of the worst sexual predators in France's contemporary records, was given a prison term to twenty years in prison last year for drugging his spouse and soliciting dozens of men to rape her in her home in the Provence village of Mazan over a duration of almost a decade of their union.

Dozens of additional defendants were found guilty in a notable trial last year, and Dogan was the single defendant to challenge his sentence. He was first given a sentence to 9 years in prison, a penalty enhanced on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had stated he should serve twelve years, because he “absolutely refuses to take any blame”.

Courtroom Details

The defendant had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his village in the region to rape Gisèle Pelicot, after telling his wife he was stepping out, the evidence indicated.

The ex-husband, who was brought from segregation in prison to briefly provide testimony at the appeal trial, stated to the court that the accused had understood his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep without her consent.”

The trial became a key topic for a broader debate on rape culture in society as the defendant continued to assert he was blameless and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his actions had been acceptable.

The jury in the higher court was presented with video evidence of Gisèle Pelicot’s limp body, unconscious and snoring in a comatose state, while a grinning Dogan performed assault on several occasions over a timeframe of what investigators stated was several hours. The court official said she had been at peril of fatal outcome by asphyxiation. The state prosecution said there was no doubt that she had been incapacitated and had not consented.

Accused's Testimony

The defendant told the court the recordings were simply “sexual encounters” and rejected it was violation. He said what he did was “an intimate behavior”, not rape. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused told the court. “I continued because he persuaded me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I did not intend to injure that lady.”

Victim's Response

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by crowds present to support her, said to Dogan in court: “You do not grasp. When are you going to recognise you raped me? It’s a crime to rape an unconscious woman. How could I have give you consent? Never.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she relinquished her right to confidentiality in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, addressing Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “The shame remains. The public is perhaps in the midst of that, perhaps driven by the societal understanding resulting from the publication of your ordeal.”

The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still widespread in society as part of “outdated” forms of “male domination”. He said: “Now we must change rape culture to a culture of consent.”

The prosecutor told Dogan: “While you reject it, it’s not just a woman, it’s an complete disturbing social system that you are supporting.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of 5 came to the nation of France, where his parent worked as a caretaker. The testimony revealed that his father was abusive and that Dogan began smoking cannabis at the age of 10. When he was seventeen he was apprehended by police for drug trafficking and his parent forced him to leave of home. He was incarcerated in prison for drug dealing in his twenties and had worked as a builder but had faced periods of being unhoused.

He was wed and had a child with special needs, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The court heard his wife did not know he had repeated extramarital activities outside their marriage. His legal team said this was his way of coping with his challenging existence. The defendant had stated to a court psychologist that annually he sought paid sex on his special day. His attorneys informed the court he had joint inflammation caused by the stress of the initial proceedings.