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An individual has been found guilty on appeal of raping Gisèle Pelicot following she was drugged unconscious by her spouse – and has had his prison sentence increased to ten years.

Retrial Proceedings

The defendant, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, underwent a new trial this week at the appeals court in Nîmes.

A jury of five men and four women, joined by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her home in Provence in the morning of June 29, 2019.

The court heard that Dogan, a married father, made contact with the victim's husband at the time, Dominique Pelicot, in an online chatroom named “without her knowledge”, where the husband was looking for men to enter his residence to rape his wife after he had drugged her into a comatose state.

“We hope the jury will say loud and clear that in this country, human rights are also rights of women – that agreement is individual, not given by another,” declared the victim's lawyer, Antoine Camus. “Consent is secured personally and not by proxy from a spouse.”

Background

The husband, a notorious sexual predators in France's contemporary records, was handed a sentence to 20 years in prison last year for sedating his spouse and soliciting multiple perpetrators to rape her in her home in the town of the village of Mazan over a duration of many years of their union.

Numerous other individuals were found guilty in a notable trial last year, and the appellant was the only man to appeal against his sentence. He was first given a sentence to 9 years in prison, a punishment increased on Thursday to a decade.

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

Evidence Presented

The defendant had initially sent the husband sexually explicit photos and then driven an hour from his residence in Provence to assault Gisèle Pelicot, after telling his wife he was stepping out, the court heard.

The ex-husband, who was transported from segregation in prison to briefly testify at the appeal trial, stated to the court that Dogan had understood his wife had been “drugged” and he said to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a focus point for a larger conversation on sexual violence norms in society as the defendant continued to claim he was not guilty and had not perpetrated assault, arguing that because the victim's husband had invited him into the bedroom, his behavior had been acceptable.

The panel in the higher court was shown visual proof of Gisèle Pelicot’s limp body, unconscious and snoring in a unconscious condition, while a smiling Dogan committed rape repeatedly over a duration of what authorities reported was 3.5 hours. The court official said she had been at danger of fatal outcome by asphyxiation. The state prosecution said there was no doubt that she had been unconscious and had not given permission.

Dogan's Claims

Dogan informed the court the footage were simply “sexual encounters” and denied it was assault. He said what he did was “a sexual act”, not assault. He stated the court: “I never raped.” He said the victim's husband had invited him to the residence, and therefore it was OK. He said he was influenced by the husband. “I tried to halt,” the accused informed the court. “I continued because he persuaded me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I never wanted to hurt that individual.”

Victim's Response

The survivor, who was supported upon leaving court each day by supporters assembled to back her, addressed Dogan in court: “You do not grasp. When are you going to recognise you violated me? It’s a crime to assault an incapacitated woman. How could I have give you permission? Never.”

The victim, 72, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, addressing the victim in court, said Dogan’s failure to take accountability showed that: “Guilt has not shifted. The public is maybe in the midst of that, maybe driven by the societal understanding spurred by the exposure of your situation.”

The prosecutor said the defendant's claims of non-guilt showed how societal tolerance was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a society based on agreement.”

Sie addressed the defendant: “While you reject it, it’s not just a woman, it’s an complete sordid cultural framework that you are endorsing.”

Biographical Details

The accused was originated from the country of Turkey and at the age of 5 relocated to France, where his father worked as a caretaker. The evidence indicated that his parent was aggressive and that the defendant began using drugs at the age of ten. When Dogan was seventeen he was stopped by police for drug trafficking and his parent kicked him out the family house. He spent time in prison for trafficking in his young adulthood and had worked as a construction worker but had undergone periods of being unhoused.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his spouse worked in a school canteen. The court heard his spouse did not know he had regular sexual encounters beyond their marriage. His legal team said this was his strategy for managing with his stressful life. The defendant had informed a evaluator that annually he looked for paid sex on his birthday. His legal representatives stated to the court he had joint inflammation triggered by the stress of the initial proceedings.