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An individual was declared guilty on retrial of raping Gisele Pelicot after she was drugged unconscious by her husband – and has had his jail term extended to a decade.

Higher Court Case

The defendant, forty-four, an unemployed builder, who had challenged his first conviction last year, experienced a appeal hearing this week at the Nîmes court of appeal.

A panel of four women and five men, joined by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her residence in Provence in the early hours of June 29, 2019.

The court heard that Dogan, a family man, made contact with Gisèle Pelicot’s husband at the time, the husband, in an digital platform called “unbeknownst to her”, where Pelicot was seeking men to come to his home to rape his wife after he had drugged her into a unconscious state.

“We hope the court will declare that in this country, fundamental rights are also women’s rights – that agreement is personal, not given by another,” said Gisèle Pelicot’s attorney, Antoine Camus. “Permission is obtained directly and not by proxy from a husband.”

Context

The husband, a notorious sex offenders in modern French history, was handed a sentence to two decades in prison last year for sedating his wife at the time and soliciting numerous individuals to sexually assault her in her home in the Provence village of the village of Mazan over a period of nearly ten years of their marriage.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and Dogan was the sole individual to appeal against his conviction. He was initially handed a term to 9 years in prison, a sentence enhanced on Thursday to a decade.

The state's attorney, the prosecutor, had argued he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Evidence Presented

Dogan had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in the region to rape the victim, after notifying his wife he was leaving, the testimony revealed.

The ex-husband, who was transported from solitary confinement in prison to briefly testify at the appeal trial, informed the court that Dogan had known his wife had been “drugged” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her consent.”

The proceedings became a focus point for a broader debate on rape culture in society as the defendant continued to say he was blameless and had not engaged in violation, arguing that because the victim's husband had welcomed him into the room, his conduct had been permissible.

The panel in the higher court was shown recorded footage of Gisèle Pelicot’s limp body, unconscious and snoring in a unconscious condition, while a grinning the perpetrator performed assault on several occasions over a timeframe of what police said was 3.5 hours. The presiding judge said she had been at risk of death by choking. The state prosecution said there was absolute certainty that she had been incapacitated and had not agreed.

Accused's Testimony

The defendant told the court the videos were simply “sexual encounters” and disputed it was violation. He said what he did was “a sexual act”, not rape. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I wanted to stop,” the accused told the court. “I continued because he convinced me.”

Asked if he wanted to make a last words to the court, Dogan said: “I had no desire to harm that individual.”

Survivor's Statement

The victim, who was applauded upon departing the trial each day by crowds gathered to stand with her, said to Dogan in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is illegal to rape an incapacitated woman. When did I ever give you agreement? Never.”

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: “Guilt ought to transfer.”

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “The shame remains. Society is perhaps in the course of that, possibly driven by the public consciousness 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 “outdated” forms of “gender-based power”. He said: “Now we must change the culture of violence to a society based on agreement.”

Sie told Dogan: “While you refuse to admit it, it’s not just a woman, it’s an entire disturbing societal structure that you are upholding.”

Personal History

Dogan was born in Turkey and at the age of 5 came to France, where his parent worked as a concierge. The testimony revealed that his father was aggressive and that Dogan began smoking cannabis at the age of ten. When Dogan was 17 he was apprehended by police for drug trafficking and his parent evicted him of home. He served time in prison for narcotics offenses in his early 20s and had worked as a builder but had undergone periods of living on the streets.

He was married and had a child with special needs, who he was the principal carer for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had regular intimate relations beyond their marriage. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had stated to a mental health expert that annually he engaged in transactional encounters on his special day. His attorneys told the court he had joint inflammation triggered by the stress of the first trial.