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A man was declared guilty on higher court review of raping Gisele Pelicot after she was drugged unconscious by her spouse – and was given his jail term increased to a decade.

Retrial Proceedings

The defendant, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, underwent a appeal hearing this week at the Nîmes court of appeal.

A panel of nine jurors, joined by three judges, convicted Dogan on Thursday of raping Pelicot in her home in the south of France in the morning of June 29, 2019.

The evidence showed that Dogan, a married father, connected with the victim's then husband, Dominique Pelicot, in an internet forum named “without her consent”, where the husband was seeking men to visit his house to assault his wife once he had drugged her into a deep sleep.

“We hope the court will affirm that in this country, human rights are also women’s rights – that permission is personal, not given by another,” stated the victim's attorney, her legal representative. “Permission is obtained directly and not through someone else from a spouse.”

Background

The husband, a notorious 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 soliciting numerous individuals to rape her in her home in the Provence village of Mazan over a period of many years of their marriage.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and the appellant was the single defendant to challenge his conviction. He was originally sentenced to 9 years in prison, a punishment enhanced on Thursday to 10 years.

The state's attorney, Dominique Sie, had contended he should serve 12 years, because he “completely denies to take any responsibility”.

Testimony and Proof

Dogan had first sent the husband inappropriate pictures and then traveled an hour from his town in Provence to assault the victim, after informing his wife he was stepping out, the evidence indicated.

Pelicot, who was transported from segregation in prison to briefly testify at the retrial, informed the court that Dogan had understood his wife had been “drugged” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a central issue for a larger conversation on societal attitudes in society as Dogan continued to say he was not guilty and had not engaged in violation, contending that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his actions had been justifiable.

The jury in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s limp body, unconscious and snoring in a comatose state, while a smiling the perpetrator committed rape multiple times over a period of what investigators stated was several hours. The court official said she had been at danger of fatal outcome by suffocation. The state prosecution said there was no doubt that she had been unconscious and had not given permission.

Accused's Testimony

The defendant informed the court the footage were simply “sexual encounters” and disputed it was assault. He said what he did was “a sexual act”, not assault. He declared the court: “I did not commit rape.” He said the victim's husband had invited him to the house, and therefore it was acceptable. He said he was manipulated by the husband. “I tried to halt,” Dogan told the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to harm that individual.”

Pelicot's Words

The survivor, who was cheered upon departing the trial each day by crowds present to back her, told the defendant in court: “You do not grasp. When will you admit you violated me? It’s a crime to assault an unaware woman. When did I ever give you permission? At no time.”

The victim, seventy-two, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said Dogan’s failure to take responsibility showed that: “The shame remains. The community is possibly in the midst of that, maybe driven by the societal understanding brought by the revelation of your case.”

Sie said Dogan’s claims of non-guilt showed how rape culture was still prevalent in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

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

Biographical Details

Dogan was born in Turkey and at the age of 5 came to the nation of France, where his father worked as a concierge. The testimony revealed that his father was abusive and that Dogan began using drugs at the age of ten. When he was seventeen he was stopped by police for selling narcotics and his parent forced him to leave the family house. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a builder but had faced periods of living on the streets.

He was wed and had a son with a genetic condition, who he was the primary guardian for, as his wife worked in a educational cafeteria. The evidence showed his spouse did not know he had regular intimate relations beyond their union. His defence said this was his method of dealing with his stressful life. The defendant had informed a mental health expert that each year he sought paid sex on his birthday. His legal representatives informed the court he had arthritis resulting from the anxiety of the initial proceedings.