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A man was declared guilty on higher court review of raping Gisèle Pelicot after she was drugged unconscious by her spouse – and was given his incarceration period extended to ten years.

Appeal Trial

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

A jury of five men and four women, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her home in the south of France in the early hours of 29 June 2019.

The evidence showed that Dogan, a married father, reached out to the victim's husband at the time, Dominique Pelicot, in an digital platform titled “unbeknownst to her”, where Pelicot was looking for men to enter his residence to assault his wife after he had rendered her unconscious into a unconscious state.

We expect the jury will say loud and clear that in this nation, fundamental rights are also women’s rights – that consent is individual, not transferred,” stated the victim's lawyer, her legal representative. “Consent is obtained personally and not by proxy from a spouse.”

Background

The husband, a notorious sexual predators in modern French history, was given a prison term to twenty years in prison last year for sedating his then wife and bringing in dozens of men to rape her in her home in the town of Mazan over a span of many years of their marriage.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and Dogan was the only man to contest his conviction. He was originally handed a term to nine years in prison, a punishment raised on Thursday to 10 years.

The state's attorney, the prosecutor, had contended he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Courtroom Details

The defendant had initially sent the husband sexually explicit photos and then traveled an hour from his town in Provence to assault Gisèle Pelicot, after notifying his wife he was going out, the evidence indicated.

Pelicot, who was transported from segregation in prison to briefly provide testimony at the appeal trial, stated to the court that the accused had known his wife had been “sedated” and he told to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a central issue for a wider discussion on societal attitudes in society as the defendant continued to claim he was not guilty and had not committed rape, contending that because the victim's husband had allowed him into the bedroom, his behavior had been acceptable.

The panel in the higher court was shown video evidence of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a comatose state, while a grinning Dogan performed assault repeatedly over a timeframe of what investigators stated was 3.5 hours. The presiding judge said she had been at danger of fatal outcome by suffocation. The prosecution said there was no question that she had been unaware and had not consented.

Dogan's Claims

The defendant stated to the court the videos were simply “sex scenes” and rejected 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 residence, and therefore it was OK. He said he was influenced by the husband. “I attempted to cease,” the accused informed the court. “I continued because he reassured me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to hurt that individual.”

Survivor's Statement

The survivor, who was supported upon exiting the courtroom each day by crowds gathered to support her, addressed the defendant in court: “You do not grasp. When will you acknowledge you raped me? It’s a crime to rape an incapacitated woman. At what point did I give you permission? Never.”

Gisèle Pelicot, seventy-two, 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

Sie, speaking to the victim in court, said the defendant's unwillingness to take responsibility showed that: “Guilt has not shifted. Society is possibly in the course of that, perhaps motivated by the societal understanding resulting from the publication of your case.”

The prosecutor said the defendant's claims of blamelessness showed how rape culture was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change rape culture to a ethos of permission.”

The prosecutor told the defendant: “As long as you reject it, it’s not just a woman, it’s an whole sordid societal structure that you are supporting.”

Defendant's Background

Dogan was originated from Turkey and at the age of five came to France, where his parent worked as a caretaker. The evidence indicated that his parent was abusive and that Dogan began consuming marijuana at the age of 10. When Dogan was 17 he was apprehended by authorities for selling narcotics and his father forced him to leave the residence. He spent time in prison for trafficking in his twenties and had worked as a construction worker but had undergone periods of homelessness.

He was wed and had a son with special needs, who he was the primary guardian for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had frequent sexual encounters outside their union. His defence said this was his way of coping with his difficult circumstances. Dogan had stated to a court psychologist that each year he looked for commercial sex on his birthday. His legal representatives informed the court he had joint inflammation resulting from the anxiety of the first trial.