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A man was convicted on higher court review of raping Gisèle Pelicot following she was drugged unconscious by her then-husband – and was given his jail term increased to ten years.

Retrial Proceedings

Dogan, 44, an out-of-work construction worker, who had contested his first conviction last year, experienced a new trial this week at the appeals court in Nîmes.

A jury of nine jurors, sitting with three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in Provence in the morning of 29 June 2019.

The testimony revealed that Dogan, a married father, reached out to Gisèle Pelicot’s spouse, Dominique Pelicot, in an online chatroom called “unbeknownst to her”, where Pelicot was seeking men to come to his home to assault his wife once he had drugged her into a unconscious state.

“We hope the panel will affirm that in this society, human rights are also women’s rights – that consent is personal, not given by another,” declared Gisèle Pelicot’s lawyer, her legal representative. “Agreement is secured personally and not via a representative from a husband.”

Background

Dominique Pelicot, one of the worst sex offenders in France's contemporary records, was given a prison term to twenty years in prison last year for incapacitating his then wife and bringing in multiple perpetrators to rape her in her home in the community of the village of Mazan over a duration of many years of their union.

Numerous other individuals were found guilty in a high-profile trial last year, and Dogan was the single defendant to challenge his sentence. He was originally handed a term to nine years in prison, a punishment enhanced on Thursday to 10 years.

The chief prosecutor, the prosecutor, had contended he should serve 12 years, because he “completely denies to take any responsibility”.

Evidence Presented

Dogan had first sent the husband sexually explicit photos and then traveled an hour from his residence in Provence to rape the victim, after informing his wife he was going out, the evidence indicated.

The ex-husband, who was transported from segregation in prison to temporarily give evidence at the appeal trial, informed the court that the accused had been aware his wife had been “sedated” and he said to men by phone: “I seek someone to assault my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a focus point for a wider discussion on rape culture in society as Dogan continued to assert he was not guilty and had not committed rape, stating that because the victim's husband had invited him into the residence, his actions had been permissible.

The jury in the Nîmes appeals court was presented with recorded footage of the victim's limp body, sedated and breathing heavily in a comatose state, while a grinning the perpetrator committed rape on several occasions over a duration of what police said was several hours. The judge said she had been at risk of fatal outcome by choking. The prosecution said there was no question that she had been incapacitated and had not agreed.

Defendant's Statements

The defendant stated to the court the footage were simply “intimate moments” and rejected it was rape. He said what he did was “an intimate behavior”, not rape. He declared the court: “I did not commit rape.” He said the victim's husband had invited him to the home, and therefore it was OK. He said he was influenced by the husband. “I wanted to stop,” the accused told the court. “I proceeded because he convinced me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to hurt that individual.”

Survivor's Statement

The survivor, who was applauded upon leaving court each day by supporters assembled to stand with her, told the defendant in court: “You haven’t understood. When will you acknowledge you raped me? It is unlawful to assault an incapacitated woman. At what point did I give you permission? Not once.”

Gisèle Pelicot, 72, became an international feminist hero after she waived her right to confidentiality in the trial last year when she said: “The shame should shift.”

Legal Commentary

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “Guilt has not shifted. Society is possibly in the course of that, maybe driven by the societal understanding brought by the exposure of your situation.”

The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still prevalent in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

The prosecutor told the defendant: “As long as you deny it, it’s not just a woman, it’s an entire disturbing societal structure that you are endorsing.”

Defendant's Background

The accused was originated from 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 parent was abusive and that the defendant began smoking cannabis at the age of ten. When Dogan was seventeen he was caught by authorities for selling narcotics and his father forced him to leave the residence. He was incarcerated in prison for drug dealing in his early 20s and had worked as a laborer but had faced periods of being unhoused.

He was married and had a child with special needs, who he was the primary guardian for, as his wife worked in a educational cafeteria. The evidence showed his spouse did not know he had frequent intimate relations outside their marriage. His defence said this was his strategy for managing with his difficult circumstances. Dogan had told a mental health expert that annually he looked for transactional encounters on his birthday. His legal representatives told the court he had arthritis resulting from the anxiety of the initial proceedings.