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An individual has been found guilty on appeal of raping Gisèle Pelicot following she was drugged unconscious by her husband – and received his incarceration period increased to 10 years.

Appeal Trial

The defendant, 44, an unemployed builder, who had contested his first conviction last year, underwent a retrial this week at the appeals court in Nîmes.

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

The court heard that Dogan, a family man, made contact with the victim's husband at the time, Dominique Pelicot, in an digital platform called “without her knowledge”, where Pelicot was recruiting men to enter his residence to rape his wife after he had drugged her into a unconscious state.

We trust the panel will declare that in this nation, fundamental rights are also rights of women – that permission is individual, not given by another,” stated the victim's lawyer, Antoine Camus. “Agreement is obtained personally and not via a representative from a spouse.”

Context

The ex-husband, a notorious sex offenders in France's contemporary records, was handed a sentence to two decades in prison last year for incapacitating his wife at the time and soliciting dozens of men to rape her in her home in the community of Mazan over a period of many years of their union.

Fifty other men were found guilty in a notable trial last year, and Dogan was the single defendant to appeal against his verdict. He was originally handed a term to nine years in prison, a sentence enhanced on Thursday to 10 years.

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

Testimony and Proof

Dogan had initially sent the husband sexually explicit photos and then driven an hour from his residence in the region to rape Gisèle Pelicot, after notifying his wife he was stepping out, the testimony revealed.

The ex-husband, who was transported from isolation in prison to briefly provide testimony at the hearing, informed the court that Dogan had understood his wife had been “sedated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a central issue for a larger conversation on sexual violence norms in society as Dogan continued to say he was not guilty and had not engaged in violation, contending that because Gisèle Pelicot’s husband had invited him into the room, his conduct had been justifiable.

The panel in the higher court was shown recorded footage of the victim's unresponsive form, comatose and snoring in a comatose state, while a grinning Dogan engaged in violation repeatedly over a period of what police said was several hours. The presiding judge said she had been at danger of death by choking. The state prosecution said there was no doubt that she had been unaware and had not given permission.

Accused's Testimony

The defendant stated to the court the footage were simply “intimate moments” and disputed it was rape. He said what he did was “a sexual act”, not rape. He declared the court: “I am innocent of assault.” He said the victim's husband had allowed him to the house, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I tried to halt,” the accused stated to the court. “I proceeded because he convinced me.”

Asked if he wanted to make a last words to the court, Dogan said: “I never wanted to harm that individual.”

Victim's Response

The victim, who was cheered upon departing the trial each day by crowds assembled to support her, told the defendant in court: “You fail to comprehend. When will you acknowledge you raped me? It is unlawful to assault an incapacitated woman. When did I ever give you permission? At no time.”

The victim, seventy-two, became an symbol of resistance 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 failure to take blame showed that: “Guilt has not shifted. The public is maybe in the course of that, perhaps propelled by the collective awareness brought by the publication of your situation.”

The prosecutor said Dogan’s claims of innocence showed how normalized violence was still common in society as part of “old-fashioned” forms of “male domination”. He said: “Now we must change rape culture to a society based on agreement.”

The prosecutor said to Dogan: “For as much as you reject it, it’s not just a individual, it’s an complete disturbing cultural framework that you are endorsing.”

Biographical Details

The accused was born in Turkey and at the age of five moved to France, where his parent worked as a concierge. The evidence indicated that his parent was violent and that the defendant began using drugs aged 10. When he was 17 he was caught by police for drug trafficking and his parent evicted him the residence. He spent time in prison for trafficking in his young adulthood and had worked as a builder but had faced periods of homelessness.

He was wed and had a son with a genetic condition, who he was the primary guardian for, as his spouse worked in a school canteen. The testimony revealed his spouse did not know he had frequent extramarital activities outside their union. His defence said this was his way of coping with his challenging existence. Dogan had informed a mental health expert that annually he looked for transactional encounters on his birthday. His legal representatives told the court he had a medical condition resulting from the stress of the initial proceedings.