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An individual has been found guilty on appeal of raping Gisele Pelicot after she was drugged unconscious by her spouse – and was given his prison sentence extended to ten years.

Retrial Proceedings

The defendant, 44, an unemployed builder, who had contested his first conviction last year, underwent a appeal hearing this week at the higher court in Nîmes.

A panel of four women and five men, 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 29 June 2019.

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

We expect the panel will say loud and clear that in this country, human rights are also rights of women – that permission is personal, not given by another,” stated Gisèle Pelicot’s attorney, her legal representative. “Consent is received personally and not via a representative from a husband.”

Context

The ex-husband, a notorious sex offenders in modern French history, was handed a sentence to twenty years in prison last year for sedating his wife at the time and soliciting dozens of men to sexually assault her in her home in the community of Mazan over a period 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 sole individual to challenge his conviction. He was initially handed a term to 9 years in prison, a sentence increased on Thursday to 10 years.

The state's attorney, the prosecutor, had stated he should serve twelve years, because he “completely denies to take any responsibility”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot graphic images and then traveled an hour from his town in the region to assault the victim, after telling his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from isolation in prison to briefly give evidence at the hearing, informed the court that the accused had known his wife had been “drugged” and he communicated to men by phone: “I want someone to violate my wife after I’ve sedated her unbeknownst to her.”

The trial became a focus point for a broader debate on societal attitudes in society as the defendant continued to assert he was blameless and had not perpetrated assault, arguing that because the victim's husband had welcomed him into the bedroom, his behavior had been justifiable.

The jury in the Nîmes appeals court was shown video evidence of the victim's limp body, sedated and breathing heavily in a comatose state, while a grinning Dogan performed assault multiple times over a period of what authorities reported was several hours. The court official said she had been at danger of death by suffocation. The prosecution said there was no question that she had been unconscious and had not agreed.

Accused's Testimony

The defendant informed the court the footage were simply “sex scenes” and denied it was assault. He said what he did was “a consensual activity”, not assault. He stated the court: “I am innocent of assault.” He said the victim's husband had brought him to the home, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I proceeded because he convinced me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I never wanted to injure that individual.”

Pelicot's Words

The victim, who was applauded upon departing the trial each day by supporters gathered to stand with her, told Dogan in court: “You fail to comprehend. When are you going to recognise you raped me? It is illegal to rape an unconscious woman. At what point did I give you consent? Not once.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “The shame remains. Society is possibly in the course of that, maybe motivated by the collective awareness resulting from the publication of your case.”

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

The prosecutor told Dogan: “As long as you reject it, it’s not just a person, it’s an entire disturbing cultural framework that you are endorsing.”

Personal History

The accused was originated from the country of Turkey and at the age of 5 moved to France, where his parent worked as a concierge. The court heard that his parent was aggressive and that Dogan began using drugs at the age of 10. When he was seventeen he was caught by police for dealing drugs and his parent evicted him the residence. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a laborer but had faced periods of homelessness.

He was married and had a child with special needs, who he was the primary guardian for, as his wife worked in a institution's dining hall. The evidence showed his spouse did not know he had frequent sexual encounters beyond their union. His defence said this was his way of coping with his challenging existence. Dogan had told a evaluator that each year he engaged in paid sex on his special day. His lawyers told the court he had joint inflammation triggered by the anxiety of the original case.