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A defendant was convicted on retrial of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her then-husband – and has had his prison sentence extended to a decade.

Appeal Trial

The defendant, forty-four, an out-of-work construction worker, who had challenged his initial guilty verdict last year, experienced a appeal hearing this week at the Nîmes court of appeal.

A jury of four women and five men, sitting with three judges, convicted Dogan on Thursday of raping the victim in her residence in southern France in the morning of June 29, 2019.

The testimony revealed that the accused, a married father, made contact with the victim's husband at the time, the husband, in an online chatroom named “without her knowledge”, where the husband was seeking men to visit his house to rape his wife after he had rendered her unconscious into a deep sleep.

“We hope the panel will affirm that in this country, fundamental rights are also rights of women – that consent is personal, not transferred,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is received personally and not by proxy from a spouse.”

Background

The husband, one of the worst sexual predators in modern French history, was given a prison term to twenty years in prison last year for sedating his wife at the time and inviting multiple perpetrators to rape her in her home in the Provence village of Mazan over a duration of almost a decade of their union.

Numerous other individuals were found culpable in a high-profile trial last year, and the appellant was the sole individual to challenge his sentence. He was first given a sentence to 9 years in prison, a sentence increased on Thursday to a decade.

The state's attorney, the prosecutor, had contended he should serve 12 years, because he “completely denies to take any blame”.

Evidence Presented

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

The ex-husband, who was brought from isolation in prison to temporarily testify at the appeal trial, stated to the court that Dogan had been aware his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious without her consent.”

The trial became a key topic for a broader debate on sexual violence norms in society as the defendant continued to say he was not guilty and had not committed rape, contending that because the victim's husband had invited him into the residence, his conduct had been permissible.

The jury in the higher court was shown recorded footage of the victim's limp body, comatose and breathing heavily in a deep sleep, while a smiling Dogan committed rape multiple times over a duration of what police said was several hours. The judge said she had been at peril of death by suffocation. The state prosecution said there was absolute certainty that she had been unconscious and had not consented.

Defendant's Statements

The defendant informed the court the videos were simply “sexual encounters” and rejected it was assault. He said what he did was “a consensual activity”, not assault. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was OK. He said he was deceived by the husband. “I attempted to cease,” Dogan informed the court. “I carried on because he convinced me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to hurt that individual.”

Pelicot's Words

Gisèle Pelicot, who was supported upon leaving court each day by onlookers gathered to stand with her, addressed the defendant in court: “You haven’t understood. When will you acknowledge you assaulted me? It is unlawful to assault an unaware woman. When did I ever give you consent? Never.”

Gisèle Pelicot, 72, became an global icon after she relinquished her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, turning to the victim in court, said Dogan’s failure to take responsibility showed that: “Guilt has not shifted. Society is maybe in the course of that, perhaps propelled by the societal understanding brought by the publication of your case.”

Sie said the defendant's claims of blamelessness showed how rape culture was still widespread in society as part of “outdated” forms of “male domination”. 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 complete disturbing social system that you are upholding.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of 5 came to the nation of France, where his father worked as a caretaker. The evidence indicated that his father was aggressive and that the defendant began smoking cannabis at the age of 10. When he was seventeen he was stopped by police for drug trafficking and his parent forced him to leave the family house. He was incarcerated in prison for drug dealing in his early 20s and had worked as a builder but had experienced periods of being unhoused.

He was wed and had a son with special needs, who he was the principal carer for, as his spouse worked in a school canteen. The court heard his spouse did not know he had frequent intimate relations outside their marriage. His defence said this was his method of dealing with his difficult circumstances. Dogan had informed a mental health expert that once a year he looked for transactional encounters on his birthday. His lawyers informed the court he had arthritis caused by the pressure of the original case.