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A defendant has been found guilty on appeal of raping Gisele Pelicot after she was drugged unconscious by her spouse – and was given his incarceration period raised to a decade.

Retrial Proceedings

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

A panel of five men and four women, accompanied by three judges, ruled against Dogan on Thursday of raping Pelicot in her residence in Provence in the morning of June 29, 2019.

The testimony revealed that Dogan, a married father, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an internet forum called “without her knowledge”, where Pelicot was looking for men to enter his residence to rape his wife once he had drugged her into a unconscious state.

We expect the panel will say loud and clear that in this nation, fundamental rights are also rights of women – that consent is individual, not transferred,” said the victim's attorney, her legal representative. “Agreement is obtained directly and not via a representative from a husband.”

Background

The husband, among the most severe sex offenders in recent French history, was handed a sentence to twenty years in prison last year for sedating his spouse and inviting numerous individuals to rape her in her home in the town of Mazan over a span of nearly ten years of their union.

Numerous other individuals were found guilty in a notable trial last year, and the appellant was the single defendant to appeal against his sentence. He was initially sentenced to 9 years in prison, a punishment increased on Thursday to ten years.

The state's attorney, Dominique Sie, had contended he should serve twelve years, because he “completely denies to take any blame”.

Testimony and Proof

The defendant had first sent Dominique Pelicot graphic images and then driven an hour from his town in Provence to rape the victim, after informing his wife he was leaving, the court heard.

Pelicot, who was transported from isolation in prison to temporarily testify at the appeal trial, told the court that Dogan had been aware his wife had been “drugged” and he told to men by phone: “I want someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a key topic for a broader debate on sexual violence norms in society as Dogan continued to claim he was blameless and had not engaged in violation, arguing that because the victim's husband had welcomed him into the residence, his behavior had been permissible.

The jury in the Nîmes appeals court was presented with recorded footage of the victim's unresponsive form, sedated and breathing heavily in a comatose state, while a grinning Dogan engaged in violation repeatedly over a duration of what authorities reported was 3.5 hours. The presiding judge said she had been at peril of fatal outcome by asphyxiation. The prosecution said there was absolute certainty that she had been unaware and had not given permission.

Defendant's Statements

The defendant told the court the videos were simply “intimate moments” and rejected it was rape. He said what he did was “a sexual act”, not rape. He declared the court: “I never raped.” He said the victim's husband had brought him to the house, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I attempted to cease,” Dogan informed the court. “I continued because he persuaded me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I never wanted to injure that individual.”

Pelicot's Words

Gisèle Pelicot, who was supported upon leaving court each day by onlookers assembled to stand with her, said to the defendant in court: “You fail to comprehend. When will you admit you assaulted me? It is unlawful to assault an incapacitated woman. At what point did I give you permission? Not once.”

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.”

Prosecutor's Remarks

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

Sie said the defendant's claims of blamelessness showed how normalized violence was still common in society as part of “old-fashioned” forms of “patriarchal control”. He said: “Now we must change rape culture to a ethos of permission.”

The prosecutor told Dogan: “As long as you reject 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 5 moved to the nation of France, where his parent worked as a concierge. The testimony revealed that his parent was aggressive and that the defendant began using drugs at the age of 10. When Dogan was 17 he was apprehended by authorities for drug trafficking and his father forced him to leave the residence. He spent time in prison for trafficking in his twenties and had worked as a builder but had experienced periods of living on the streets.

He was married and had a child with a genetic condition, who he was the principal carer for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had regular sexual encounters beyond their marriage. His defence said this was his strategy for managing with his difficult circumstances. Dogan had stated to a court psychologist that annually he sought transactional encounters on his special day. His attorneys stated to the court he had a medical condition caused by the stress of the initial proceedings.