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A man was convicted on retrial of raping Gisèle Pelicot after she was drugged unconscious by her then-husband – and has had his incarceration period increased to 10 years.

Appeal Trial

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

A jury of four women and five men, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her residence in Provence in the early hours of 29 June 2019.

The evidence showed that the accused, a married father, reached out to the victim's spouse, the husband, in an internet forum named “without her knowledge”, where the husband was recruiting men to visit his house to assault his wife once he had sedated her into a deep sleep.

We expect the jury will declare that in this society, fundamental rights are also women’s rights – that consent is individual, not given by another,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is received directly and not by proxy from a husband.”

Background

The ex-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 sedating his wife at the time and soliciting numerous individuals to rape her in her home in the community of the village of Mazan over a span of almost a decade of their union.

Numerous other individuals were found convicted in a widely publicized trial last year, and Dogan was the sole individual to appeal against his sentence. He was initially sentenced to nine years in prison, a sentence raised on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had stated he should serve 12 years, because he “stubbornly rejects to take any blame”.

Evidence Presented

Dogan had initially sent the husband graphic images and then traveled an hour from his residence in Provence to assault Gisèle Pelicot, after telling his wife he was stepping out, the testimony revealed.

The ex-husband, who was transported from solitary confinement in prison to briefly give evidence at the hearing, informed the court that Dogan had been aware his wife had been “drugged” and he told to men by phone: “I want someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a focus point for a wider discussion on sexual violence norms in society as the defendant continued to claim he was not guilty and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had allowed him into the bedroom, his behavior had been permissible.

The panel in the higher court was presented with video evidence of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a unconscious condition, while a smiling the perpetrator performed assault multiple times over a period of what police said was several hours. The presiding judge said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was absolute certainty that she had been incapacitated and had not given permission.

Dogan's Claims

The defendant told the court the footage were simply “intimate moments” and disputed it was violation. He said what he did was “a consensual activity”, not assault. He declared 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 manipulated by Dominique Pelicot. “I attempted to cease,” the accused informed the court. “I carried on because he reassured me.”

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

Victim's Response

The survivor, who was cheered upon exiting the courtroom each day by supporters present to support her, said to the defendant in court: “You do not grasp. When will you acknowledge you violated me? It’s a crime to rape an unaware woman. When did I ever 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.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said Dogan’s unwillingness to take blame showed that: “The shame remains. The public is maybe in the process of that, perhaps motivated by the collective awareness resulting from the revelation of your ordeal.”

Sie said the defendant's claims of non-guilt showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “gender-based power”. He said: “Now we must change rape culture to a society based on agreement.”

Sie addressed the defendant: “As long as you refuse to admit it, it’s not just a individual, it’s an entire unpleasant cultural framework that you are supporting.”

Personal History

The accused was born in the country of Turkey and at the age of 5 came to France, where his father worked as a caretaker. The court heard that his parent was aggressive and that the defendant began using drugs at the age of ten. When he was seventeen he was stopped by police for drug trafficking and his father evicted him the residence. He was incarcerated in prison for drug dealing in his twenties and had worked as a laborer but had faced periods of being unhoused.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had frequent intimate relations beyond their marriage. His defence said this was his strategy for managing with his challenging existence. The defendant had told a court psychologist that once a year he sought commercial sex on his special day. His attorneys informed the court he had a medical condition caused by the stress of the initial proceedings.