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A defendant was declared guilty on higher court review of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her then-husband – and received his incarceration period extended to ten years.

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, faced a retrial this week at the appeals court in Nîmes.

A jury of nine jurors, joined by three judges, found Dogan guilty on Thursday of raping the victim in her bedroom in Provence in the early hours of 29 June 2019.

The court heard that the accused, a family man, reached out to the victim's husband at the time, Dominique Pelicot, in an online chatroom named “unbeknownst to her”, where Pelicot was seeking men to come to his home to rape his wife after he had rendered her unconscious into a comatose state.

“We hope the jury will declare that in this society, fundamental rights are also women’s rights – that agreement is personal, not given by another,” stated the victim's attorney, Antoine Camus. “Permission is obtained personally and not through someone else from a husband.”

Context

The ex-husband, a notorious sexual predators in recent French history, was given a prison term to twenty years in prison last year for incapacitating his wife at the time and bringing in dozens of men to rape her in her home in the community of the village of Mazan over a period of nearly ten years of their marriage.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and the appellant was the only man to challenge his sentence. He was initially handed a term to 9 years in prison, a punishment increased on Thursday to 10 years.

The state's attorney, the prosecutor, had contended he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

Dogan had first sent the husband graphic images and then driven an hour from his town in the region to assault the victim, after informing his wife he was leaving, the testimony revealed.

Pelicot, who was brought from solitary confinement in prison to temporarily provide testimony at the appeal trial, stated to the court that the accused had known his wife had been “drugged” and he said to men by phone: “I want someone to abuse my wife after I’ve put her to sleep without her knowledge.”

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

The panel in the higher court was displayed recorded footage of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a deep sleep, while a smiling Dogan committed rape on several occasions over a duration of what investigators stated was several hours. The judge said she had been at danger of fatal outcome by asphyxiation. The state's case said there was no doubt that she had been unaware and had not given permission.

Defendant's Statements

The defendant informed the court the videos were simply “intimate moments” and denied it was violation. 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 residence, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I wanted to stop,” Dogan stated to the court. “I carried on because he convinced me.”

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

Pelicot's Words

The survivor, who was supported upon leaving court each day by onlookers present to support her, addressed the defendant in court: “You haven’t understood. When will you acknowledge you raped me? It’s a crime to assault an unconscious woman. How could I have give you consent? Never.”

The victim, 72, became an international feminist hero after she gave up her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, speaking to the victim in court, said the defendant's unwillingness to take blame showed that: “Shame has not yet changed sides. The public is possibly in the process of that, possibly propelled by the societal understanding spurred by the revelation of your ordeal.”

Sie said the defendant's claims of blamelessness showed how normalized violence was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “We need to change rape culture to a culture of consent.”

The prosecutor said to Dogan: “For as much as you deny it, it’s not just a individual, it’s an whole disturbing societal structure that you are upholding.”

Personal History

The accused was originated from Turkey and at the age of 5 relocated to France, where his parent worked as a caretaker. The court heard that his father was aggressive and that the defendant began smoking cannabis at the age of ten. When Dogan was 17 he was apprehended by police for drug trafficking and his father kicked him out of home. He was incarcerated in prison for trafficking in his early 20s and had worked as a laborer but had undergone periods of living on the streets.

He was married and had a son with special needs, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had repeated intimate relations beyond their union. His defence said this was his method of dealing with his difficult circumstances. Dogan had told a mental health expert that each year he looked for transactional encounters on his birthday. His legal representatives informed the court he had a medical condition resulting from the pressure of the initial proceedings.