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A man was declared guilty on appeal of raping Gisèle Pelicot following she was drugged unconscious by her spouse – and received his incarceration period increased to 10 years.

Higher Court Case

The defendant, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, underwent a appeal hearing this week at the Nîmes court of appeal.

A jury of four women and five men, accompanied by three judges, convicted Dogan on Thursday of raping Pelicot in her bedroom in southern France in the early hours of June 29, 2019.

The testimony revealed that Dogan, a family man, reached out to Gisèle Pelicot’s then husband, the husband, in an online chatroom named “without her consent”, where the husband was recruiting men to come to his home to rape his wife once he had rendered her unconscious into a comatose state.

“We hope the court will declare that in this nation, fundamental rights are also women’s rights – that permission is individual, not delegated,” declared the victim's attorney, her legal representative. “Agreement is received personally and not via a representative from a spouse.”

Context

The husband, among the most severe sex offenders in modern French history, was sentenced to two decades in prison last year for incapacitating his spouse and bringing in dozens of men to sexually assault her in her home in the town of the village of Mazan over a span of many years of their union.

Dozens of additional defendants were found guilty in a notable trial last year, and the appellant was the sole individual to appeal against his verdict. He was first sentenced to 9 years in prison, a sentence enhanced on Thursday to a decade.

The state's attorney, the prosecutor, had argued he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Evidence Presented

Dogan had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his residence in the region to assault the victim, after notifying his wife he was stepping out, the evidence indicated.

The ex-husband, who was brought from isolation in prison to briefly provide testimony at the retrial, stated to the court that Dogan had been aware his wife had been “drugged” and he said to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a central issue for a wider discussion on societal attitudes in society as Dogan continued to assert he was not guilty and had not committed rape, stating that because Gisèle Pelicot’s husband had welcomed him into the residence, his behavior had been justifiable.

The panel in the higher court was presented with visual proof of the victim's unconscious figure, sedated and breathing heavily in a deep sleep, while a smiling Dogan committed rape repeatedly over a timeframe of what police said was several hours. The judge said she had been at danger of fatal outcome by choking. The state prosecution said there was absolute certainty that she had been incapacitated and had not consented.

Accused's Testimony

Dogan told the court the recordings were simply “sex scenes” and rejected it was violation. He said what he did was “a consensual activity”, not rape. He told the court: “I am innocent of assault.” He said the victim's husband had invited him to the home, and therefore it was OK. He said he was influenced by the husband. “I attempted to cease,” Dogan informed the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I did not intend to hurt that individual.”

Victim's Response

The survivor, who was applauded upon departing the trial each day by onlookers gathered to back her, told the defendant in court: “You fail to comprehend. When will you acknowledge you raped me? It is illegal to rape an incapacitated woman. At what point did I give you permission? At no time.”

Gisèle Pelicot, 72, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, speaking to the victim in court, said Dogan’s failure to take blame showed that: “The shame remains. The public is possibly in the process of that, maybe driven by the societal understanding resulting from the exposure of your case.”

Sie said Dogan’s claims of innocence showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

Sie told the defendant: “While you deny it, it’s not just a person, it’s an complete unpleasant social system that you are supporting.”

Biographical Details

Dogan was born in the country of Turkey and at the age of five came to the nation of France, where his father worked as a building manager. The evidence indicated that his father was violent and that the defendant began consuming marijuana aged 10. When Dogan was 17 he was apprehended by authorities for dealing drugs and his father forced him to leave the family house. He spent time in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had undergone periods of being unhoused.

He was married and had a child with special needs, who he was the principal carer for, as his spouse worked in a school canteen. The court heard his spouse did not know he had repeated intimate relations beyond their union. His defence said this was his way of coping with his challenging existence. Dogan had stated to a court psychologist that each year he engaged in commercial sex on his special day. His legal representatives told the court he had arthritis caused by the stress of the initial proceedings.