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A defendant was convicted on higher court review of raping Gisele Pelicot following she was drugged unconscious by her spouse – and was given his prison sentence increased to 10 years.

Appeal Trial

The defendant, 44, an out-of-work construction worker, who had appealed his first conviction last year, faced a appeal hearing this week at the appeals court in Nîmes.

A jury of five men and four women, joined by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her home in the south of France in the morning of June 29, 2019.

The court heard that Dogan, a married father, made contact with the victim's husband at the time, the husband, in an internet forum named “without her knowledge”, where Pelicot was seeking men to visit his house to rape his wife once he had sedated her into a unconscious state.

We trust the court will declare that in this country, fundamental rights are also women’s rights – that agreement is individual, not transferred,” stated Gisèle Pelicot’s lawyer, her legal representative. “Agreement is received personally and not through someone else from a spouse.”

Context

The husband, one of the worst sexual predators in France's contemporary records, was sentenced to twenty years in prison last year for drugging his wife at the time and inviting dozens of men to sexually assault her in her home in the town of the village of Mazan over a duration of many years of their union.

Dozens of additional defendants were found guilty in a widely publicized trial last year, and the appellant was the only man to appeal against his verdict. He was originally given a sentence to nine years in prison, a penalty raised on Thursday to a decade.

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

Courtroom Details

The defendant had initially sent the husband inappropriate pictures and then traveled an hour from his village in the region to assault the victim, after informing his wife he was going out, the testimony revealed.

Pelicot, who was brought from segregation in prison to temporarily give evidence at the appeal trial, stated to the court that Dogan had understood his wife had been “drugged” and he communicated to men by phone: “I want someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a key topic for a wider discussion on rape culture in society as the defendant continued to say he was not guilty and had not committed rape, stating that because Gisèle Pelicot’s husband had allowed him into the residence, his behavior had been justifiable.

The panel in the Nîmes appeals court was presented with recorded footage of the victim's unresponsive form, sedated and snoring in a unconscious condition, while a smiling Dogan committed rape on several occasions over a period of what investigators stated was 3.5 hours. The presiding judge said she had been at danger of fatal outcome by choking. The state prosecution said there was no doubt that she had been unaware and had not given permission.

Dogan's Claims

The defendant stated to the court the footage were simply “sexual encounters” and disputed it was violation. He said what he did was “a sexual act”, not assault. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan stated to the court. “I proceeded because he persuaded me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to harm that lady.”

Survivor's Statement

Gisèle Pelicot, who was applauded upon leaving court each day by onlookers present to support her, said to the defendant in court: “You fail to comprehend. When will you admit you violated me? It is illegal to rape an unaware woman. When did I ever give you agreement? At no time.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she waived her right to confidentiality in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said the defendant's unwillingness to take responsibility showed that: “Guilt has not shifted. The community is maybe in the midst of that, maybe motivated by the collective awareness spurred by the revelation of your ordeal.”

The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance was still common in society as part of “old-fashioned” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a society based on agreement.”

The prosecutor addressed Dogan: “While you deny it, it’s not just a woman, it’s an complete unpleasant social system that you are supporting.”

Personal History

Dogan was originated from the country of Turkey and at the age of 5 moved to France, where his father worked as a concierge. The court heard that his parent was violent and that the defendant began using drugs at the age of 10. When Dogan was seventeen he was caught by police for dealing drugs and his father forced him to leave the residence. He spent time in prison for drug dealing in his early 20s and had worked as a builder but had undergone periods of homelessness.

He was married and had a child with special needs, who he was the principal carer for, as his wife worked in a school canteen. The evidence showed his wife did not know he had regular intimate relations beyond their marriage. His defence said this was his method of dealing with his challenging existence. Dogan had stated to a court psychologist that each year he sought transactional encounters on his special day. His attorneys told the court he had a medical condition caused by the stress of the original case.