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An individual was convicted on retrial of raping Gisèle Pelicot after she was drugged unconscious by her spouse – and was given his jail term increased to a decade.

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, faced a new trial this week at the Nîmes court of appeal.

A panel of five men and four women, sitting with three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in southern France in the morning of June 29, 2019.

The court heard that the accused, a family man, made contact with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an digital platform called “unbeknownst to her”, where Pelicot was looking for men to visit his house to assault his wife once he had rendered her unconscious into a comatose state.

“We hope the court will declare that in this country, fundamental rights are also women’s rights – that agreement is individual, not transferred,” stated the victim's lawyer, Antoine Camus. “Permission is received personally and not through someone else from a spouse.”

Context

Dominique Pelicot, among the most severe sex offenders in modern French history, was given a prison term to twenty years in prison last year for sedating his then wife and soliciting numerous individuals to sexually assault her in her home in the community of Mazan over a span of many years of their marriage.

Numerous other individuals were found convicted in a notable trial last year, and the appellant was the only man to contest his verdict. He was originally sentenced to 9 years in prison, a punishment increased on Thursday to 10 years.

The state's attorney, the prosecutor, had argued he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Evidence Presented

The defendant had initially sent the husband sexually explicit photos and then traveled an hour from his residence in the region to rape Gisèle Pelicot, after notifying his wife he was going out, the court heard.

The ex-husband, who was transported from isolation in prison to temporarily provide testimony at the appeal trial, informed the court that Dogan had known his wife had been “drugged” and he told to men by phone: “I want someone to assault my wife after I’ve sedated her without her consent.”

The trial became a focus point for a wider discussion on societal attitudes in society as the defendant continued to assert he was not guilty and had not engaged in violation, arguing that because the victim's husband had allowed him into the room, his actions had been acceptable.

The jury in the higher court was presented with recorded footage of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a unconscious condition, while a smiling Dogan engaged in violation multiple times over a period of what investigators stated was 3.5 hours. The court official said she had been at risk of fatal outcome by suffocation. The state's case said there was no doubt that she had been incapacitated and had not agreed.

Accused's Testimony

The defendant told the court the footage were simply “sex scenes” and denied it was violation. He said what he did was “a sexual act”, not rape. He stated the court: “I did not commit rape.” He said the victim's husband had invited him to the residence, and therefore it was acceptable. He said he was influenced by the husband. “I tried to halt,” the accused stated to the court. “I proceeded because he reassured me.”

Asked if he wanted to make a last words to the court, the defendant said: “I never wanted to hurt that lady.”

Pelicot's Words

The victim, who was supported upon leaving court each day by crowds assembled to stand with her, told the defendant in court: “You do not grasp. When will you acknowledge you violated me? It’s a crime to rape an incapacitated woman. At what point did I give you agreement? Never.”

The victim, seventy-two, became an global icon after she relinquished her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, turning to the victim in court, said Dogan’s refusal to take blame showed that: “Guilt has not shifted. The community is possibly in the course of that, possibly driven by the public consciousness spurred by the publication of your ordeal.”

The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change rape culture to a culture of consent.”

The prosecutor told the defendant: “As long as you refuse to admit it, it’s not just a individual, it’s an complete disturbing social system that you are upholding.”

Biographical Details

Dogan was born in the country of Turkey and at the age of five came to the nation of France, where his parent worked as a concierge. The evidence indicated that his father was abusive and that Dogan began using drugs at the age of ten. When Dogan was seventeen he was caught by police for dealing drugs and his parent forced him to leave the family house. He served time in prison for drug dealing in his young adulthood and had worked as a construction worker but had faced periods of being unhoused.

He was married and had a son with special needs, who he was the principal carer for, as his wife worked in a educational cafeteria. The court heard his spouse did not know he had frequent extramarital activities outside their union. His legal team said this was his strategy for managing with his stressful life. The defendant had informed a mental health expert that once a year he looked for paid sex on his special day. His legal representatives stated to the court he had a medical condition triggered by the anxiety of the original case.