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A man was convicted on appeal of raping Gisèle Pelicot following she was sedated by her then-husband – and received his incarceration period increased to ten years.

Appeal Trial

Dogan, 44, an unemployed builder, who had contested his first conviction last year, underwent a appeal hearing 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 raping the victim in her bedroom in southern France in the morning of June 29, 2019.

The court heard that Dogan, a family man, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum titled “without her consent”, where the husband was recruiting men to come to his home to assault his wife once he had drugged her into a deep sleep.

“We hope the jury will affirm that in this nation, fundamental rights are also rights of women – that permission is individual, not delegated,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is obtained personally and not by proxy from a husband.”

Background

Dominique Pelicot, among the most severe sex offenders in recent French history, was handed a sentence to 20 years in prison last year for drugging his spouse and bringing in dozens of men to sexually assault her in her home in the community of Mazan over a period of almost a decade of their marriage.

Numerous other individuals were found convicted in a notable trial last year, and Dogan was the sole individual to challenge his conviction. He was originally given a sentence to 9 years in prison, a sentence increased on Thursday to a decade.

The lead state prosecutor, the prosecutor, had argued he should serve 12 years, because he “completely denies to take any blame”.

Evidence Presented

The defendant had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his village in Provence to rape the victim, after informing his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from isolation in prison to temporarily give evidence at the hearing, stated to the court that the accused had understood his wife had been “drugged” and he told to men by phone: “I seek someone to assault my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a key topic for a larger conversation on societal attitudes in society as the defendant continued to claim he was not guilty and had not perpetrated assault, stating that because the victim's husband had allowed him into the bedroom, his conduct had been permissible.

The panel in the higher court was shown visual proof of the victim's unconscious figure, unconscious and breathing heavily in a deep sleep, while a smiling Dogan engaged in violation on several occasions over a period of what investigators stated was 3.5 hours. The court official said she had been at danger of fatal outcome by asphyxiation. The prosecution said there was absolute certainty that she had been incapacitated and had not consented.

Defendant's Statements

The defendant stated to the court the recordings were simply “sexual encounters” and disputed it was violation. He said what he did was “an intimate behavior”, not assault. He told the court: “I am innocent of assault.” He said the victim's husband had invited him to the house, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan stated to the court. “I carried on because he reassured me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I never wanted to injure that individual.”

Pelicot's Words

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by onlookers present to stand with her, told Dogan in court: “You fail to comprehend. When will you admit you raped me? It is unlawful to rape an unaware woman. How could I have give you agreement? Never.”

The victim, 72, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's failure to take responsibility showed that: “The shame remains. The community is maybe in the process of that, possibly propelled by the societal understanding brought by the exposure of your situation.”

The prosecutor said the defendant's claims of non-guilt showed how rape culture was still common in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

The prosecutor told Dogan: “For as much as you deny it, it’s not just a individual, it’s an complete unpleasant social system that you are endorsing.”

Personal History

The accused was born in Turkey and at the age of five relocated to France, where his father worked as a building manager. The evidence indicated that his father was violent and that Dogan began consuming marijuana at the age of 10. When he was 17 he was stopped by police for drug trafficking and his father kicked him out of home. He served time in prison for trafficking in his early 20s and had worked as a builder but had experienced periods of being unhoused.

He was married and had a son with special needs, 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 regular intimate relations outside their marriage. His defence said this was his strategy for managing with his challenging existence. Dogan had told a mental health expert that each year he sought transactional encounters on his special day. His lawyers informed the court he had a medical condition triggered by the anxiety of the original case.