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An individual was convicted on higher court review of raping Gisèle Pelicot following she was drugged unconscious by her then-husband – and was given his prison sentence increased to a decade.

Higher Court Case

Dogan, forty-four, an out-of-work construction worker, who had challenged his first conviction last year, experienced a retrial this week at the appeals court in Nîmes.

A panel of nine jurors, joined by three judges, found Dogan guilty on Thursday of raping Pelicot in her residence in the south of France in the morning of June 29, 2019.

The testimony revealed that Dogan, a married father, connected with the victim's then husband, Dominique Pelicot, in an internet forum named “without her consent”, where the husband was recruiting men to enter his residence to assault his wife after he had sedated her into a deep sleep.

We trust the jury will say loud and clear that in this nation, human rights are also rights of women – that agreement is personal, not delegated,” said the victim's attorney, Antoine Camus. “Agreement is obtained directly and not by proxy from a spouse.”

Background

The ex-husband, a notorious sex offenders in France's contemporary records, was given a prison term to 20 years in prison last year for incapacitating his spouse and bringing in multiple perpetrators to rape her in her home in the community of the village of Mazan over a period of almost a decade of their union.

Fifty other men were found convicted in a high-profile trial last year, and Dogan was the only man to appeal against his sentence. He was originally given a sentence to 9 years in prison, a sentence raised on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had argued he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Courtroom Details

The defendant had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his town in Provence to assault the victim, after telling his wife he was leaving, the court heard.

The ex-husband, who was brought from isolation in prison to temporarily testify at the hearing, stated to the court that the accused had understood his wife had been “drugged” and he told to men by phone: “I want someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a focus point for a broader debate on societal attitudes in society as Dogan continued to assert he was not guilty and had not engaged in violation, contending that because Gisèle Pelicot’s husband had welcomed him into the residence, his actions had been justifiable.

The jury in the higher court was displayed recorded footage of Gisèle Pelicot’s limp body, sedated and snoring in a comatose state, while a smiling Dogan performed assault on several occasions over a duration of what authorities reported was 3.5 hours. The presiding judge said she had been at risk of fatal outcome by asphyxiation. The state's case said there was absolute certainty that she had been incapacitated and had not given permission.

Dogan's Claims

Dogan informed the court the recordings were simply “intimate moments” and disputed it was assault. He said what he did was “a consensual activity”, not assault. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused stated to the court. “I carried on because he convinced me.”

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

Pelicot's Words

The victim, who was cheered upon exiting the courtroom each day by onlookers present to back her, told Dogan in court: “You haven’t understood. When will you admit you assaulted me? It’s a crime to rape an unconscious woman. When did I ever give you agreement? Not once.”

The victim, 72, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, turning to the victim in court, said Dogan’s unwillingness to take blame showed that: “Guilt has not shifted. The public is perhaps in the process of that, maybe propelled by the public consciousness brought by the exposure of your case.”

The prosecutor said the defendant's claims of innocence showed how normalized violence was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change the culture of violence to a ethos of permission.”

The prosecutor said to the defendant: “For as much as you refuse to admit it, it’s not just a person, it’s an complete unpleasant societal structure that you are upholding.”

Personal History

The accused was originated from the country of Turkey and at the age of five moved to France, where his parent worked as a building manager. The testimony revealed that his father was violent and that the defendant began using drugs at the age of 10. When he was seventeen he was apprehended by authorities for selling narcotics and his father evicted him the family house. He spent time in prison for narcotics offenses in his twenties and had worked as a laborer but had experienced periods of homelessness.

He was married and had a son with special needs, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The court heard his spouse did not know he had repeated intimate relations outside their marriage. His legal team said this was his method of dealing with his difficult circumstances. The defendant had told a court psychologist that each year he looked for paid sex on his birthday. His lawyers stated to the court he had a medical condition caused by the stress of the original case.