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A man has been found guilty on higher court review of raping Gisèle Pelicot following she was drugged unconscious by her then-husband – and has had his jail term extended to ten years.

Appeal Trial

Dogan, 44, an unemployed builder, who had contested his first conviction last year, faced a retrial this week at the higher court in Nîmes.

A panel of four women and five men, joined by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her bedroom in southern France in the early hours of June 29, 2019.

The evidence showed that Dogan, a family man, connected with Gisèle Pelicot’s husband at the time, the husband, in an internet forum called “unbeknownst to her”, where the husband was looking for men to visit his house to rape his wife after he had rendered her unconscious into a comatose state.

“We hope the jury will say loud and clear that in this country, fundamental rights are also rights of women – that permission is personal, not given by another,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Consent is secured directly and not by proxy from a spouse.”

Background

The ex-husband, among the most severe sex offenders in France's contemporary records, was sentenced to twenty years in prison last year for incapacitating his wife at the time and soliciting multiple perpetrators to rape her in her home in the town of Mazan over a period of almost a decade of their marriage.

Numerous other individuals were found guilty in a high-profile trial last year, and the appellant was the single defendant to challenge his verdict. He was initially sentenced to 9 years in prison, a penalty enhanced on Thursday to ten years.

The lead state prosecutor, the prosecutor, had stated he should serve twelve years, because he “absolutely refuses to take any accountability”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot graphic images and then traveled an hour from his residence in Provence to assault the victim, after telling his wife he was going out, the testimony revealed.

The ex-husband, who was brought from solitary confinement in prison to temporarily provide testimony at the appeal trial, told the court that Dogan had understood his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

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, arguing that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his conduct had been acceptable.

The panel in the higher court was displayed video evidence of the victim's unresponsive form, sedated and breathing heavily in a comatose state, while a grinning Dogan committed rape multiple times over a period of what authorities reported was three and a half hours. The judge said she had been at peril of death by asphyxiation. The state's case said there was absolute certainty that she had been unaware and had not given permission.

Accused's Testimony

Dogan told the court the recordings were simply “sexual encounters” and rejected it was violation. He said what he did was “a consensual activity”, not rape. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I tried to halt,” Dogan stated to the court. “I carried on because he persuaded me.”

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

Survivor's Statement

The survivor, who was cheered upon departing the trial each day by onlookers gathered to support her, told the defendant in court: “You fail to comprehend. When are you going to recognise you assaulted me? It’s a crime to assault an incapacitated woman. When did I ever give you agreement? Never.”

Gisèle Pelicot, 72, became an international feminist hero after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take blame showed that: “The shame remains. Society is perhaps in the course of that, possibly driven by the societal understanding spurred by the revelation of your situation.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “Now we must change rape culture to a ethos of permission.”

Sie said to the defendant: “For as much as you reject it, it’s not just a woman, it’s an whole unpleasant cultural framework that you are endorsing.”

Defendant's Background

The accused was born in Turkey and at the age of 5 moved to the nation of France, where his parent worked as a caretaker. The court heard that his parent was aggressive and that the defendant began using drugs at the age of ten. When he was 17 he was apprehended by police for drug trafficking and his parent kicked him out of home. He served time in prison for narcotics offenses in his twenties and had worked as a builder but had faced periods of being unhoused.

He was married and had a son with a genetic condition, who he was the main caregiver for, as his wife worked in a institution's dining hall. The court heard his spouse did not know he had frequent sexual encounters beyond their marriage. His legal team said this was his method of dealing with his challenging existence. Dogan had stated to a court psychologist that each year he looked for transactional encounters on his birthday. His lawyers stated to the court he had arthritis resulting from the anxiety of the initial proceedings.