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A man was convicted on appeal of raping Gisele Pelicot following she was drugged unconscious by her then-husband – and has had his jail term increased to ten years.

Appeal Trial

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

A jury of five men and four women, accompanied by 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 testimony revealed that Dogan, a family man, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum named “without her knowledge”, where the husband was recruiting men to visit his house to assault his wife after he had drugged her into a unconscious state.

“We hope the jury will affirm that in this country, human rights are also rights of women – that agreement is personal, not given by another,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Permission is received personally and not by proxy from a spouse.”

Context

The ex-husband, one of the worst sex offenders in modern French history, was sentenced to twenty years in prison last year for incapacitating his then wife and inviting multiple perpetrators to sexually assault her in her home in the town of Mazan over a span of many years of their marriage.

Numerous other individuals were found guilty in a widely publicized trial last year, and Dogan was the sole individual to appeal against his sentence. He was first sentenced to 9 years in prison, a penalty increased on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had stated he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

The defendant had first sent the husband inappropriate pictures and then traveled an hour from his residence in the region to rape Gisèle Pelicot, after informing his wife he was stepping out, the testimony revealed.

Pelicot, who was transported from solitary confinement in prison to temporarily provide testimony at the retrial, stated to the court that Dogan had been aware his wife had been “sedated” and he communicated to men by phone: “I seek someone to violate my wife after I’ve sedated her without her knowledge.”

The courtroom became a key topic for a wider discussion on sexual violence norms in society as the defendant continued to assert he was not guilty and had not perpetrated assault, contending that because the victim's husband had welcomed him into the bedroom, his actions had been acceptable.

The jury in the higher court was displayed video evidence of the victim's unconscious figure, comatose and snoring in a comatose state, while a grinning Dogan committed rape repeatedly over a duration of what authorities reported was three and a half hours. The judge said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was no question that she had been unaware and had not agreed.

Defendant's Statements

The defendant informed the court the footage were simply “sexual encounters” and disputed it was violation. He said what he did was “a consensual activity”, not assault. He declared the court: “I am innocent of assault.” He said the victim's husband had brought him to the house, and therefore it was OK. He said he was influenced by the husband. “I wanted to stop,” Dogan told the court. “I continued because he persuaded me.”

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

Survivor's Statement

The survivor, who was supported upon departing the trial each day by supporters present to stand with her, said to Dogan in court: “You do not grasp. When will you admit you assaulted me? It’s a crime to rape an unconscious woman. How could I have give you agreement? At no time.”

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

State's Argument

The prosecutor, turning to the victim in court, said the defendant's failure to take accountability showed that: “The shame remains. Society is maybe in the midst of that, maybe driven by the public consciousness brought by the publication of your case.”

Sie said Dogan’s claims of non-guilt showed how rape culture was still prevalent in society as part of “outdated” forms of “male domination”. He said: “We need to change rape culture to a ethos of permission.”

Sie told Dogan: “For as much as you reject it, it’s not just a individual, it’s an complete sordid social system that you are supporting.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of five came to France, where his parent worked as a caretaker. The court heard that his father was violent and that the defendant began consuming marijuana at the age of 10. When Dogan was 17 he was apprehended by police for dealing drugs and his parent kicked him out of home. He spent time in prison for drug dealing in his twenties and had worked as a laborer but had faced periods of homelessness.

He was married and had a child with special needs, who he was the principal carer for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had regular intimate relations outside their marriage. His defence said this was his strategy for managing with his difficult circumstances. The defendant had stated to a court psychologist that annually he sought paid sex on his birthday. His legal representatives stated to the court he had joint inflammation triggered by the anxiety of the first trial.