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A defendant was declared guilty on appeal of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her husband – and was given his prison sentence increased to a decade.

Appeal Trial

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

A jury of four women and five men, joined by three judges, convicted Dogan on Thursday of raping Pelicot in her home in southern France in the morning of 29 June 2019.

The court heard that the accused, a family man, made contact with the victim's spouse, Dominique Pelicot, in an internet forum called “without her consent”, where the husband was looking for men to enter his residence to rape his wife after he had drugged her into a unconscious state.

We trust the jury will declare that in this nation, human rights are also rights of women – that consent is individual, not delegated,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Consent is secured personally and not via a representative from a husband.”

Background

The husband, among the most severe sexual predators in modern French history, was handed a sentence to twenty years in prison last year for drugging his then wife and bringing in multiple perpetrators to rape her in her home in the Provence village of Mazan over a period of nearly ten years of their marriage.

Numerous other individuals were found guilty in a high-profile trial last year, and the appellant was the sole individual to appeal against his conviction. He was originally sentenced to nine years in prison, a sentence raised on Thursday to 10 years.

The state's attorney, Dominique Sie, had stated he should serve 12 years, because he “stubbornly rejects to take any blame”.

Courtroom Details

Dogan had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his village in Provence to assault the victim, after informing his wife he was leaving, the court heard.

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

The courtroom became a focus point for a broader debate on societal attitudes in society as the defendant continued to claim he was not guilty and had not committed rape, arguing that because Gisèle Pelicot’s husband had invited him into the residence, his conduct had been permissible.

The jury in the higher court was presented with visual proof of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a unconscious condition, while a smiling Dogan committed rape repeatedly over a period of what police said was three and a half hours. The court official said she had been at danger of fatal outcome by asphyxiation. The state prosecution said there was no question that she had been unconscious and had not given permission.

Dogan's Claims

The defendant informed the court the recordings were simply “sexual encounters” and rejected it was assault. He said what he did was “a sexual act”, not assault. He stated the court: “I never raped.” He said the victim's husband had brought him to the residence, and therefore it was acceptable. He said he was deceived by the husband. “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 harm that woman.”

Victim's Response

Gisèle Pelicot, who was supported upon exiting the courtroom each day by supporters present to back her, addressed the defendant in court: “You haven’t understood. When will you acknowledge you raped me? It is unlawful to rape an incapacitated woman. At what point did I give you agreement? At no time.”

The victim, 72, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, turning to Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “Guilt has not shifted. The public is perhaps in the process of that, maybe propelled by the collective awareness brought by the exposure of your situation.”

Sie said the defendant's claims of blamelessness showed how rape culture was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change rape culture to a society based on agreement.”

Sie addressed the defendant: “While you refuse to admit it, it’s not just a woman, it’s an complete sordid social system that you are upholding.”

Biographical Details

The accused was originated from the country of Turkey and at the age of 5 moved to France, where his father worked as a caretaker. The court heard that his parent was violent and that Dogan began smoking cannabis at the age of 10. When he was 17 he was caught by authorities for drug trafficking and his father forced him to leave the family house. He spent time in prison for trafficking in his young adulthood and had worked as a construction worker but had experienced periods of homelessness.

He was wed and had a son with special needs, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The testimony revealed his wife did not know he had repeated intimate relations outside their marriage. His defence said this was his way of coping with his stressful life. The defendant had told a mental health expert that once a year he looked for paid sex on his special day. His legal representatives told the court he had joint inflammation caused by the anxiety of the first trial.