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An individual was declared guilty on retrial of raping Gisèle Pelicot after she was sedated by her then-husband – and was given his incarceration period increased to ten years.

Appeal Trial

Dogan, forty-four, an unemployed builder, who had contested his initial guilty verdict last year, faced a appeal hearing this week at the Nîmes court of appeal.

A panel of five men and four women, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her bedroom in the south of France in the early hours of June 29, 2019.

The testimony revealed that Dogan, a family man, made contact with the victim's husband at the time, Dominique Pelicot, in an online chatroom titled “unbeknownst to her”, where Pelicot was recruiting men to enter his residence to rape his wife after he had sedated her into a comatose state.

“We hope the panel will affirm that in this country, fundamental rights are also women’s rights – that consent is personal, not transferred,” declared the victim's attorney, Antoine Camus. “Permission is obtained personally and not via a representative from a spouse.”

Background

The ex-husband, a notorious sex offenders in recent French history, was given a prison term to 20 years in prison last year for sedating his wife at the time and bringing in numerous individuals to sexually assault her in her home in the Provence village of Mazan over a span of almost a decade of their marriage.

Dozens of additional defendants were found convicted in a notable trial last year, and Dogan was the only man to appeal against his sentence. He was originally given a sentence to nine years in prison, a punishment increased on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had stated he should serve twelve years, because he “stubbornly rejects to take any blame”.

Testimony and Proof

Dogan had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in Provence to rape Gisèle Pelicot, after telling his wife he was leaving, the testimony revealed.

Pelicot, who was transported from segregation in prison to temporarily testify at the retrial, told the court that the accused had been aware his wife had been “incapacitated” and he told to men by phone: “I seek someone to violate my wife after I’ve sedated her without her knowledge.”

The trial became a key topic for a larger conversation on sexual violence norms in society as the defendant continued to claim he was innocent and had not committed rape, arguing that because Gisèle Pelicot’s husband had invited him into the residence, his conduct had been acceptable.

The jury in the higher court was shown video evidence of Gisèle Pelicot’s unconscious figure, sedated and breathing heavily in a deep sleep, while a smiling Dogan performed assault repeatedly over a timeframe of what authorities reported was several hours. The court official said she had been at danger of fatal outcome by asphyxiation. The state prosecution said there was no doubt that she had been unconscious and had not given permission.

Defendant's Statements

The defendant stated to the court the videos were simply “sex scenes” and disputed it was violation. He said what he did was “an intimate behavior”, not rape. He declared the court: “I did not commit rape.” He said the victim's husband had allowed him to the house, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I attempted to cease,” Dogan told the court. “I continued 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.”

Victim's Response

The survivor, who was applauded upon departing the trial each day by onlookers present to support her, told the defendant in court: “You fail to comprehend. When are you going to recognise you assaulted me? It is unlawful to assault an unaware woman. When did I ever give you permission? Not once.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, turning to Gisèle Pelicot in court, said Dogan’s failure to take accountability showed that: “Shame has not yet changed sides. The community is perhaps in the midst of that, possibly motivated by the public consciousness spurred by the publication of your situation.”

The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still widespread in society as part of “archaic” forms of “male domination”. He said: “Now we must change the culture of violence to a society based on agreement.”

The prosecutor told Dogan: “As long as you reject it, it’s not just a woman, it’s an entire unpleasant cultural framework that you are supporting.”

Personal History

The accused was originated from the country of Turkey and at the age of five came to France, where his parent worked as a concierge. The evidence indicated that his father was violent and that the defendant began consuming marijuana at the age of ten. When he was 17 he was apprehended by police for drug trafficking and his father evicted him the family house. He served time in prison for narcotics offenses in his young adulthood and had worked as a builder but had undergone periods of being unhoused.

He was wed and had a child with special needs, who he was the principal carer for, as his spouse worked in a educational cafeteria. The testimony revealed his spouse did not know he had regular sexual encounters outside their union. His legal team said this was his method of dealing with his difficult circumstances. Dogan had informed a mental health expert that once a year he sought commercial sex on his birthday. His attorneys informed the court he had joint inflammation caused by the stress of the original case.