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A man was declared guilty on higher court review of raping Gisele Pelicot following she was drugged unconscious by her then-husband – and has had his incarceration period extended to a decade.

Appeal Trial

Dogan, forty-four, an unemployed builder, who had appealed his first conviction last year, underwent a new trial this week at the appeals court in Nîmes.

A panel of nine jurors, joined by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in southern France in the morning of June 29, 2019.

The testimony revealed that Dogan, a married father, connected with the victim's then husband, the husband, in an internet forum titled “unbeknownst to her”, 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 jury will say loud and clear that in this society, human rights are also women’s rights – that agreement is individual, not delegated,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Permission is secured directly and not by proxy from a husband.”

Background

The husband, one of the worst sex offenders in France's contemporary records, was handed a sentence to 20 years in prison last year for sedating his spouse and bringing in multiple perpetrators to sexually assault her in her home in the town of the village of Mazan over a duration of many years of their union.

Numerous other individuals were found guilty in a high-profile trial last year, and Dogan was the sole individual to challenge his verdict. He was initially sentenced to 9 years in prison, a punishment raised on Thursday to a decade.

The state's attorney, the prosecutor, had contended he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Courtroom Details

Dogan had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his village in the region to rape Gisèle Pelicot, after telling his wife he was going out, the evidence indicated.

Pelicot, who was brought from solitary confinement in prison to temporarily provide testimony at the retrial, told the court that the accused had been aware his wife had been “sedated” and he said to men by phone: “I want someone to abuse my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a key topic for a broader debate on rape culture in society as the defendant continued to say he was innocent and had not committed rape, arguing that because Gisèle Pelicot’s husband had invited him into the residence, his behavior had been acceptable.

The panel in the Nîmes appeals court was shown visual proof of the victim's unconscious figure, comatose and snoring in a deep sleep, while a grinning Dogan performed assault repeatedly over a duration of what authorities reported was three and a half hours. The presiding judge said she had been at danger of fatal outcome by suffocation. The state's case said there was no question that she had been unconscious and had not given permission.

Accused's Testimony

The defendant told the court the footage were simply “sex scenes” and rejected it was assault. He said what he did was “a consensual activity”, not assault. He declared the court: “I never raped.” He said the victim's husband had brought him to the house, and therefore it was OK. He said he was manipulated by the husband. “I wanted to stop,” the accused 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 cheered upon leaving court each day by onlookers assembled to support her, said to the defendant in court: “You haven’t understood. When will you admit you raped me? It is illegal to rape an unconscious woman. How could I have give you consent? At no time.”

The victim, seventy-two, became an global icon after she waived her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, speaking to the victim in court, said Dogan’s refusal to take accountability showed that: “Shame has not yet changed sides. The community is maybe in the course of that, maybe driven by the collective awareness resulting from the revelation of your case.”

Sie said the defendant's claims of non-guilt showed how rape culture was still widespread in society as part of “outdated” forms of “male domination”. He said: “Now we must change rape culture to a society based on agreement.”

Sie addressed Dogan: “While you reject it, it’s not just a person, it’s an whole sordid societal structure that you are supporting.”

Biographical Details

The accused 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 abusive and that the defendant began using drugs at the age of ten. When he was 17 he was apprehended by authorities for dealing drugs and his father kicked him out the family house. He was incarcerated in prison for trafficking in his young adulthood and had worked as a construction worker but had undergone periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The testimony revealed his spouse did not know he had regular intimate relations beyond their union. His defence said this was his strategy for managing with his difficult circumstances. The defendant had stated to a mental health expert that each year he looked for commercial sex on his birthday. His attorneys informed the court he had arthritis resulting from the anxiety of the first trial.