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A man was convicted on appeal of raping Gisele Pelicot after she was sedated by her then-husband – and has had his prison sentence increased to a decade.

Higher Court Case

Dogan, 44, an unemployed builder, who had challenged his first conviction last year, faced a new trial this week at the Nîmes court of appeal.

A jury of nine jurors, sitting with three judges, ruled against Dogan on Thursday of raping the victim in her home in the south of France in the early hours of 29 June 2019.

The evidence showed that Dogan, a married father, reached out to the victim's husband at the time, Dominique Pelicot, in an digital platform called “without her knowledge”, where the husband was recruiting men to visit his house to rape his wife after he had sedated her into a deep sleep.

We expect the panel will declare that in this nation, human rights are also women’s rights – that consent is personal, not transferred,” stated the victim's lawyer, Antoine Camus. “Agreement is obtained directly and not via a representative from a husband.”

Context

The husband, a notorious sexual predators in recent French history, was sentenced to 20 years in prison last year for sedating his spouse and inviting numerous individuals to sexually assault her in her home in the community of the village of Mazan over a span of nearly ten years of their marriage.

Fifty other men were found guilty in a widely publicized trial last year, and Dogan was the single defendant to challenge his verdict. He was initially handed a term to 9 years in prison, a punishment increased on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had argued he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Evidence Presented

The defendant had first sent the husband sexually explicit photos and then traveled an hour from his residence in the region to assault the victim, after informing his wife he was stepping out, the testimony revealed.

The ex-husband, who was brought from isolation in prison to briefly give evidence at the appeal trial, told the court that the accused had been aware his wife had been “drugged” and he said to men by phone: “I want someone to assault my wife after I’ve sedated her without her knowledge.”

The courtroom became a central issue for a wider discussion on rape culture in society as Dogan continued to claim he was blameless and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had invited him into the bedroom, his behavior had been permissible.

The panel in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s limp body, comatose and breathing heavily in a comatose state, while a grinning Dogan engaged in violation on several occasions over a period of what police said was several hours. The court official said she had been at risk of death by choking. The state's case said there was no doubt that she had been incapacitated and had not agreed.

Dogan's Claims

Dogan told the court the footage were simply “intimate moments” and denied it was assault. He said what he did was “a consensual activity”, not assault. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was acceptable. He said he was influenced by the husband. “I attempted to cease,” Dogan informed the court. “I continued because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to injure that individual.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by supporters present to support her, said to the defendant in court: “You do not grasp. When will you admit you raped me? It is illegal to assault an incapacitated woman. At what point did I give you permission? Not once.”

The victim, seventy-two, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, turning to the victim in court, said the defendant's failure to take responsibility showed that: “Guilt has not shifted. The public is possibly in the process of that, perhaps propelled by the collective awareness resulting from the revelation of your situation.”

The prosecutor said the defendant's claims of non-guilt showed how rape culture was still common in society as part of “archaic” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a culture of consent.”

Sie said to the defendant: “For as much as you refuse to admit it, it’s not just a person, it’s an whole sordid cultural framework that you are supporting.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five moved to the nation of France, where his parent worked as a building manager. The court heard that his father was aggressive and that the defendant began smoking cannabis at the age of 10. When he was 17 he was caught by authorities for selling narcotics and his parent evicted him the residence. He was incarcerated in prison for trafficking in his young adulthood and had worked as a builder but had undergone periods of being unhoused.

He was wed and had a son with a genetic condition, who he was the main caregiver for, as his spouse worked in a school canteen. The court heard his wife did not know he had regular extramarital activities beyond their marriage. His defence said this was his strategy for managing with his difficult circumstances. Dogan had told a mental health expert that annually he sought paid sex on his birthday. His legal representatives told the court he had arthritis caused by the anxiety of the first trial.