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An individual was convicted on higher court review of raping Gisele Pelicot after she was drugged unconscious by her spouse – and has had his prison sentence raised to 10 years.

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had appealed his first conviction last year, experienced a appeal hearing this week at the higher court in Nîmes.

A panel of nine jurors, joined by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her bedroom in southern France in the early hours of 29 June 2019.

The court heard that Dogan, a married father, made contact with Gisèle Pelicot’s spouse, the husband, in an internet forum named “without her knowledge”, where the husband was looking for men to come to his home to assault his wife after he had rendered her unconscious into a unconscious state.

“We hope the jury will affirm that in this society, fundamental rights are also women’s rights – that consent is personal, not given by another,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is received personally and not through someone else from a spouse.”

Background

The husband, one of the worst sex offenders in recent French history, was given a prison term to 20 years in prison last year for drugging his wife at the time and inviting multiple perpetrators to rape her in her home in the community of the village of Mazan over a duration of almost a decade of their union.

Fifty other men were found convicted in a widely publicized trial last year, and the appellant was the only man to appeal against his verdict. He was first given a sentence to nine years in prison, a punishment enhanced on Thursday to 10 years.

The chief prosecutor, the prosecutor, had argued he should serve 12 years, because he “completely denies to take any blame”.

Evidence Presented

Dogan had first sent the husband inappropriate pictures and then traveled an hour from his residence in the region to assault Gisèle Pelicot, after telling his wife he was leaving, the court heard.

Pelicot, who was transported from solitary confinement in prison to temporarily testify at the hearing, stated to the court that Dogan had understood his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep without her knowledge.”

The courtroom became a key topic for a larger conversation on societal attitudes in society as the defendant continued to assert he was innocent and had not committed rape, stating that because Gisèle Pelicot’s husband had allowed him into the residence, his behavior had been acceptable.

The panel in the Nîmes appeals court was presented with video evidence of Gisèle Pelicot’s unconscious figure, sedated and breathing heavily in a comatose state, while a grinning Dogan committed rape multiple times over a period of what authorities reported was 3.5 hours. The judge said she had been at peril of death by asphyxiation. The state's case said there was no question that she had been unaware and had not agreed.

Dogan's Claims

The defendant informed the court the recordings were simply “intimate moments” and denied it was violation. He said what he did was “a consensual activity”, not rape. He declared 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 attempted to cease,” the accused informed the court. “I proceeded because he persuaded me.”

Asked if he wanted to make a last words to the court, the defendant said: “I did not intend to hurt that lady.”

Survivor's Statement

The survivor, who was cheered upon exiting the courtroom each day by onlookers assembled to stand with her, told Dogan in court: “You do not grasp. When will you admit you violated me? It’s a crime to assault an unconscious woman. How could I have give you agreement? At no time.”

The victim, seventy-two, became an global icon after she relinquished her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, turning to Gisèle Pelicot in court, said Dogan’s failure to take accountability showed that: “The shame remains. The public is maybe in the course of that, maybe motivated by the societal understanding resulting from the exposure of your situation.”

The prosecutor said the defendant's claims of innocence showed how normalized violence was still common in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change rape culture to a ethos of permission.”

The prosecutor said to Dogan: “As long as you deny it, it’s not just a individual, it’s an complete disturbing cultural framework that you are upholding.”

Personal History

Dogan was born in the country of Turkey and at the age of five came to France, where his father worked as a concierge. The court heard that his parent was abusive and that Dogan began smoking cannabis aged ten. When he was seventeen he was apprehended by police for drug trafficking and his parent kicked him out the residence. He served time in prison for trafficking in his twenties and had worked as a laborer but had undergone periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The court heard his spouse did not know he had repeated sexual encounters outside their union. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had stated to a mental health expert that each year he sought paid sex on his birthday. His attorneys informed the court he had a medical condition triggered by the stress of the original case.