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An individual was declared guilty on retrial of raping Gisèle Pelicot following she was drugged unconscious by her spouse – and received his jail term increased to 10 years.

Higher Court Case

Dogan, 44, an unemployed builder, who had contested his initial guilty verdict last year, experienced a appeal hearing this week at the Nîmes court of appeal.

A panel of nine jurors, joined by three judges, ruled against Dogan on Thursday of raping the victim in her residence in southern France in the morning of June 29, 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 titled “without her consent”, where Pelicot was recruiting men to enter his residence to rape his wife after he had rendered her unconscious into a deep sleep.

We expect the jury will affirm that in this society, fundamental rights are also women’s rights – that agreement is personal, not transferred,” stated the victim's attorney, Antoine Camus. “Consent is secured directly and not through someone else from a husband.”

Context

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

Fifty other men were found culpable in a widely publicized trial last year, and Dogan was the single defendant to challenge his verdict. He was initially handed a term to 9 years in prison, a sentence enhanced on Thursday to 10 years.

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

Courtroom Details

Dogan had initially sent the husband sexually explicit photos and then traveled an hour from his village in Provence to assault the victim, after telling his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from isolation in prison to temporarily give evidence at the appeal trial, told the court that Dogan had known his wife had been “incapacitated” and he told to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a key topic for a broader debate on rape culture in society as Dogan continued to assert he was innocent and had not committed rape, stating that because Gisèle Pelicot’s husband had invited him into the bedroom, his behavior had been permissible.

The panel in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s limp body, unconscious and snoring in a deep sleep, while a smiling the perpetrator committed rape on several occasions over a period of what investigators stated was several hours. The court official said she had been at danger of fatal outcome by suffocation. The state prosecution said there was absolute certainty that she had been unaware and had not given permission.

Dogan's Claims

The defendant stated to the court the videos were simply “sexual encounters” and denied it was assault. He said what he did was “a sexual act”, not assault. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’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,” the accused told the court. “I proceeded because he persuaded me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to harm that individual.”

Pelicot's Words

The victim, who was applauded upon leaving court each day by crowds present to support her, said to the defendant in court: “You do not grasp. When will you admit you violated me? It is unlawful to rape an unconscious woman. How could I have give you permission? Never.”

Gisèle Pelicot, seventy-two, became an global icon after she relinquished her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “The shame remains. The public is perhaps in the midst of that, possibly propelled by the societal understanding brought by the exposure of your situation.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “Now we must change rape culture to a ethos of permission.”

Sie addressed Dogan: “As long as you refuse to admit it, it’s not just a woman, it’s an complete unpleasant cultural framework that you are supporting.”

Personal History

Dogan was originated from Turkey and at the age of 5 came to France, where his parent worked as a caretaker. The testimony revealed that his parent was aggressive and that Dogan began consuming marijuana aged 10. When he was seventeen he was apprehended by police for drug trafficking and his parent kicked him out the residence. He spent time in prison for narcotics offenses in his young adulthood and had worked as a builder but had undergone periods of being unhoused.

He was wed and had a son with Down’s syndrome, who he was the primary guardian for, as his wife worked in a institution's dining hall. The testimony revealed his spouse did not know he had frequent intimate relations beyond their marriage. His legal team said this was his way of coping with his difficult circumstances. Dogan had informed a mental health expert that once a year he sought transactional encounters on his birthday. His attorneys informed the court he had joint inflammation triggered by the anxiety of the initial proceedings.