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An individual has been found guilty on appeal of raping Gisèle Pelicot following she was sedated by her husband – and was given his jail term increased to 10 years.

Retrial Proceedings

The defendant, forty-four, an out-of-work construction worker, who had contested his first conviction last year, experienced a appeal hearing this week at the appeals court in Nîmes.

A panel of nine jurors, sitting with three judges, ruled against Dogan on Thursday of raping Pelicot in her bedroom in the south of France in the morning of 29 June 2019.

The court heard that Dogan, a family man, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum named “without her knowledge”, where Pelicot was looking for men to enter his residence to assault his wife after he had sedated her into a deep sleep.

“We hope the court will affirm that in this society, fundamental rights are also rights of women – that permission is individual, not given by another,” stated the victim's lawyer, Antoine Camus. “Agreement is received personally and not through someone else from a spouse.”

Context

The husband, one of the worst sex offenders in modern French history, was given a prison term to 20 years in prison last year for sedating his spouse and inviting numerous individuals 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 convicted in a widely publicized trial last year, and Dogan was the sole individual to challenge his sentence. He was originally handed a term to 9 years in prison, a sentence raised on Thursday to 10 years.

The state's attorney, Dominique Sie, had argued he should serve twelve years, because he “completely denies to take any accountability”.

Courtroom Details

The defendant had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in Provence to rape Gisèle Pelicot, after notifying his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from solitary confinement in prison to briefly testify at the retrial, told the court that Dogan had been aware his wife had been “sedated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a central issue for a broader debate on rape culture in society as Dogan continued to say he was innocent and had not engaged in violation, arguing that because the victim's husband had invited him into the bedroom, his actions had been acceptable.

The jury in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a unconscious condition, while a smiling the perpetrator performed assault on several occasions over a period of what authorities reported was 3.5 hours. The court official said she had been at peril of death by choking. The state's case said there was no question that she had been unconscious and had not given permission.

Defendant's Statements

Dogan stated to the court the recordings were simply “sex scenes” and denied it was assault. He said what he did was “a sexual act”, not assault. He told the court: “I never raped.” He said the victim's husband had invited him to the home, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan stated to the court. “I proceeded because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to harm that woman.”

Pelicot's Words

The victim, who was applauded upon leaving court each day by onlookers assembled to support her, told the defendant in court: “You do not grasp. When are you going to recognise you violated me? It is unlawful to assault an unaware woman. At what point did I give you consent? At no time.”

The victim, 72, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, addressing Gisèle Pelicot in court, said Dogan’s refusal to take blame showed that: “Guilt has not shifted. Society is possibly in the process of that, maybe driven by the collective awareness brought by the publication of your situation.”

Sie said the defendant's claims of innocence showed how societal tolerance was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change rape culture to a society based on agreement.”

The prosecutor said to the defendant: “While you reject it, it’s not just a individual, it’s an entire unpleasant societal structure that you are endorsing.”

Defendant's Background

Dogan was originated from Turkey and at the age of five relocated to the nation of France, where his parent worked as a concierge. The court heard that his parent was abusive and that the defendant began smoking cannabis at the age of ten. When he was seventeen he was caught by authorities for selling narcotics and his parent evicted him the family house. He served time in prison for trafficking in his young adulthood and had worked as a builder but had faced periods of being unhoused.

He was wed and had a son with a genetic condition, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had regular intimate relations beyond their union. His legal team said this was his way of coping with his challenging existence. Dogan had informed a evaluator that each year he looked for transactional encounters on his birthday. His legal representatives stated to the court he had joint inflammation resulting from the anxiety of the initial proceedings.