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An individual was convicted on appeal of raping Gisèle Pelicot after she was drugged unconscious by her spouse – and received his incarceration period raised to ten years.

Retrial Proceedings

The defendant, forty-four, an unemployed builder, who had contested his first conviction last year, experienced a new trial this week at the appeals court in Nîmes.

A panel of five men and four women, accompanied by three judges, found Dogan guilty on Thursday of raping Pelicot in her bedroom in Provence in the early hours of June 29, 2019.

The testimony revealed that the accused, a married father, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform named “unbeknownst to her”, where Pelicot was seeking men to enter his residence to assault his wife after he had sedated her into a deep sleep.

We trust the panel will declare that in this country, fundamental rights are also rights of women – that permission is individual, not delegated,” stated the victim's attorney, Antoine Camus. “Consent is secured personally and not by proxy from a spouse.”

Context

The husband, a notorious sex offenders in recent French history, was handed a sentence to twenty years in prison last year for sedating his wife at the time and bringing in multiple perpetrators to sexually assault her in her home in the community of the village of Mazan over a period of nearly ten years of their marriage.

Fifty other men were found culpable in a notable trial last year, and the appellant was the only man to challenge his verdict. He was first given a sentence to nine years in prison, a penalty increased on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had contended he should serve twelve years, because he “completely denies to take any accountability”.

Courtroom Details

The defendant had initially sent the husband graphic images and then driven an hour from his residence in Provence to rape the victim, after informing his wife he was stepping out, the court heard.

Pelicot, who was transported from isolation in prison to temporarily testify at the hearing, stated to the court that the accused had understood his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep without her knowledge.”

The courtroom became a key topic for a wider discussion on rape culture in society as Dogan continued to say he was blameless and had not committed rape, arguing that because the victim's husband had invited him into the room, his conduct had been justifiable.

The panel in the Nîmes appeals court was shown visual proof of Gisèle Pelicot’s unconscious figure, sedated and snoring in a deep sleep, while a grinning the perpetrator committed rape multiple times over a duration of what authorities reported was several hours. The court official said she had been at risk of death by asphyxiation. The prosecution said there was no question that she had been incapacitated and had not given permission.

Accused's Testimony

Dogan told the court the videos were simply “sexual encounters” and denied it was rape. He said what he did was “a consensual activity”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was permissible. He said he was deceived by the husband. “I attempted to cease,” Dogan told the court. “I continued because he convinced me.”

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

Victim's Response

The victim, who was supported upon leaving court each day by crowds present to stand with her, told the defendant in court: “You do not grasp. When will you admit you raped me? It is unlawful to assault an unaware woman. At what point did I give you consent? At no time.”

The victim, 72, became an international feminist hero after she relinquished her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, speaking to Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “Shame has not yet changed sides. The public is possibly in the midst of that, possibly propelled by the collective awareness brought by the publication of your case.”

Sie said the defendant's claims of non-guilt showed how rape culture was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a culture of consent.”

The prosecutor addressed the defendant: “While you reject it, it’s not just a individual, it’s an entire disturbing social system that you are endorsing.”

Personal History

Dogan was originated from Turkey and at the age of five relocated to the nation of France, where his parent worked as a caretaker. The evidence indicated that his parent was aggressive and that the defendant began using drugs aged ten. When he was 17 he was apprehended by police for dealing drugs and his father evicted him of home. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a construction worker but had undergone periods of homelessness.

He was married and had a son with Down’s syndrome, who he was the main caregiver for, as his wife worked in a institution's dining hall. The testimony revealed his wife did not know he had repeated sexual encounters beyond their marriage. His defence said this was his way of coping with his stressful life. The defendant had informed a court psychologist that once a year he sought commercial sex on his birthday. His attorneys informed the court he had a medical condition triggered by the anxiety of the initial proceedings.