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A man was convicted on appeal of raping Gisèle Pelicot following she was sedated by her husband – and was given his prison sentence increased to a decade.

Retrial Proceedings

The defendant, 44, an unemployed builder, who had appealed his first conviction last year, experienced a appeal hearing 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 southern France in the morning of 29 June 2019.

The testimony revealed that Dogan, a family man, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an online chatroom called “without her consent”, where the husband was recruiting men to come to his home to assault his wife once he had rendered her unconscious into a unconscious state.

We trust the jury will say loud and clear that in this society, fundamental rights are also rights of women – that consent is individual, not delegated,” stated the victim's lawyer, her legal representative. “Agreement is received personally and not by proxy from a spouse.”

Background

The husband, among the most severe sexual predators in France's contemporary records, was given a prison term to two decades in prison last year for drugging his spouse and inviting numerous individuals to rape her in her home in the community of Mazan over a duration of almost a decade of their marriage.

Numerous other individuals were found guilty in a high-profile trial last year, and the appellant was the only man to contest his verdict. He was first given a sentence to 9 years in prison, a sentence increased on Thursday to 10 years.

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

Courtroom Details

The defendant had first sent the husband graphic images and then traveled an hour from his village in the region to assault Gisèle Pelicot, after telling his wife he was leaving, the court heard.

Pelicot, who was transported from solitary confinement in prison to temporarily provide testimony at the appeal trial, stated to the court that the accused had known his wife had been “drugged” and he communicated to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a key topic for a wider discussion on rape culture in society as Dogan continued to claim he was blameless and had not committed rape, arguing that because Gisèle Pelicot’s husband had invited him into the residence, his actions had been justifiable.

The jury in the higher court was shown visual proof of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a deep sleep, while a grinning the perpetrator performed assault multiple times over a period of what investigators stated was several hours. The presiding judge said she had been at danger of fatal outcome by asphyxiation. The state's case said there was no question that she had been unaware and had not consented.

Accused's Testimony

Dogan informed the court the recordings were simply “intimate moments” and denied it was rape. He said what he did was “a sexual act”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was acceptable. He said he was influenced by the husband. “I attempted to cease,” the accused informed the court. “I continued because he reassured me.”

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

Victim's Response

Gisèle Pelicot, who was cheered upon departing the trial each day by supporters present to back her, told Dogan in court: “You fail to comprehend. When will you admit you violated me? It is unlawful to assault an unconscious woman. How could I have give you permission? Never.”

Gisèle Pelicot, 72, became an global icon after she gave up her right to anonymity in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said the defendant's refusal to take responsibility showed that: “Shame has not yet changed sides. The community is maybe in the midst of that, maybe propelled by the collective awareness brought by the revelation of your ordeal.”

Sie said Dogan’s claims of blamelessness showed how rape culture was still widespread in society as part of “old-fashioned” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

Sie told the defendant: “As long as you reject it, it’s not just a individual, it’s an whole disturbing social system that you are upholding.”

Personal History

Dogan was born in the country of Turkey and at the age of 5 relocated to the nation of France, where his father worked as a concierge. The testimony revealed that his father was aggressive and that Dogan began using drugs aged ten. When Dogan was seventeen he was caught by authorities for dealing drugs and his father kicked him out the family house. He spent time in prison for trafficking in his early 20s and had worked as a laborer but had faced periods of homelessness.

He was wed and had a son with special needs, who he was the principal carer for, as his wife worked in a institution's dining hall. The court heard his wife did not know he had regular sexual encounters outside their union. His defence said this was his way of coping with his challenging existence. The defendant had told a mental health expert that annually he engaged in transactional encounters on his special day. His lawyers stated to the court he had joint inflammation triggered by the stress of the original case.