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An individual was declared guilty on higher court review of raping Gisèle Pelicot after she was drugged unconscious by her spouse – and was given his prison sentence raised to 10 years.

Appeal Trial

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

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

The testimony revealed that Dogan, a married father, reached out to the victim's husband at the time, Dominique Pelicot, in an digital platform named “unbeknownst to her”, where Pelicot was seeking men to come to his home to assault his wife once he had rendered her unconscious into a comatose state.

“We hope the jury will declare that in this nation, human rights are also rights of women – that permission is individual, not given by another,” said Gisèle Pelicot’s lawyer, her legal representative. “Permission is secured directly and not by proxy from a spouse.”

Context

The husband, among the most severe sex offenders in recent French history, was handed a sentence to two decades in prison last year for drugging his spouse and inviting numerous individuals to rape her in her home in the town of the village of Mazan over a duration of many years of their marriage.

Dozens of additional defendants were found culpable in a notable trial last year, and the appellant was the sole individual to challenge his conviction. He was originally sentenced to 9 years in prison, a sentence enhanced on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had contended he should serve 12 years, because he “completely denies to take any accountability”.

Evidence Presented

The defendant had initially sent the husband inappropriate pictures and then driven an hour from his town in Provence to rape the victim, after telling his wife he was stepping out, the evidence indicated.

The ex-husband, who was brought from isolation in prison to temporarily testify at the appeal trial, informed the court that Dogan had known his wife had been “drugged” and he communicated to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a focus point for a broader debate on rape culture in society as Dogan continued to claim he was innocent and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had invited him into the room, his behavior had been justifiable.

The panel in the Nîmes appeals court was shown visual proof of the victim's unconscious figure, unconscious and snoring in a deep sleep, while a grinning Dogan performed assault multiple times over a timeframe of what police said was three and a half hours. The court official said she had been at risk of death by asphyxiation. The state's case said there was no doubt that she had been unaware and had not agreed.

Accused's Testimony

The defendant stated to the court the videos were simply “sexual encounters” and denied 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 allowed him to the house, and therefore it was permissible. He said he was manipulated by the husband. “I tried to halt,” Dogan stated to the court. “I carried on because he persuaded me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I had no desire to hurt that individual.”

Victim's Response

Gisèle Pelicot, who was supported upon exiting the courtroom each day by supporters assembled to support her, said to the defendant in court: “You do not grasp. When will you acknowledge you assaulted me? It’s a crime to assault an unaware woman. How could I have give you agreement? Never.”

Gisèle Pelicot, 72, became an international feminist hero after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take responsibility showed that: “The shame remains. Society is possibly in the process of that, perhaps driven by the collective awareness spurred by the publication of your situation.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still common in society as part of “archaic” forms of “gender-based power”. He said: “Now we must change the culture of violence to a culture of consent.”

The prosecutor addressed Dogan: “For as much as you deny it, it’s not just a woman, it’s an whole disturbing social system that you are endorsing.”

Personal History

Dogan was born in Turkey and at the age of five came to France, where his father worked as a building manager. The evidence indicated that his parent was abusive and that Dogan began smoking cannabis at the age of 10. When he was seventeen he was stopped by police for selling narcotics and his father evicted him the residence. He served time in prison for drug dealing in his twenties and had worked as a laborer but had undergone periods of living on the streets.

He was wed and had a son with a genetic condition, who he was the principal carer for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had repeated sexual encounters beyond their union. His legal team said this was his way of coping with his challenging existence. Dogan had told a court psychologist that once a year he looked for transactional encounters on his birthday. His attorneys informed the court he had a medical condition triggered by the pressure of the initial proceedings.