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A man was convicted on retrial of raping Gisele Pelicot after she was sedated by her then-husband – and has had his incarceration period increased to 10 years.

Appeal Trial

The defendant, forty-four, an out-of-work construction worker, who had contested his initial guilty verdict last year, faced a retrial this week at the appeals court in Nîmes.

A panel of five men and four women, joined by three judges, convicted Dogan on Thursday of raping Pelicot in her home in Provence in the early hours of June 29, 2019.

The evidence showed that Dogan, a family man, connected with Gisèle Pelicot’s husband at the time, the husband, in an digital platform called “without her consent”, where Pelicot was recruiting men to enter his residence to assault his wife once he had drugged her into a deep sleep.

We expect the jury will affirm that in this country, fundamental rights are also rights of women – that agreement is individual, not transferred,” said the victim's attorney, her legal representative. “Permission is received personally and not by proxy from a husband.”

Context

The husband, among the most severe sexual predators in modern French history, was handed a sentence to 20 years in prison last year for sedating his wife at the time and inviting numerous individuals to rape her in her home in the town of Mazan over a duration of almost a decade of their union.

Numerous other individuals were found culpable in a widely publicized trial last year, and the appellant was the single defendant to appeal against his sentence. He was initially handed a term to 9 years in prison, a penalty raised on Thursday to ten years.

The lead state prosecutor, the prosecutor, had stated he should serve 12 years, because he “completely denies to take any responsibility”.

Testimony and Proof

Dogan had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in the region to assault the victim, after telling his wife he was leaving, the testimony revealed.

Pelicot, who was transported from isolation in prison to briefly give evidence at the appeal trial, told the court that Dogan had known his wife had been “incapacitated” and he told to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a key topic for a broader debate on sexual violence norms in society as Dogan continued to assert 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 acceptable.

The jury in the higher court was presented with recorded footage of Gisèle Pelicot’s limp body, sedated and snoring in a unconscious condition, while a grinning Dogan committed rape repeatedly over a period of what authorities reported was three and a half hours. The presiding judge said she had been at peril of fatal outcome by choking. The state prosecution said there was no doubt that she had been unaware and had not consented.

Accused's Testimony

Dogan told the court the videos were simply “sexual encounters” and denied it was rape. He said what he did was “a consensual activity”, not rape. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was OK. He said he was influenced by the husband. “I tried to halt,” Dogan informed the court. “I carried on because he persuaded me.”

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

Victim's Response

The victim, who was applauded upon leaving court each day by supporters gathered to support her, addressed Dogan in court: “You do not grasp. When will you admit you raped me? It’s a crime to assault an unaware woman. At what point did I give you consent? At no time.”

The victim, 72, became an international feminist hero after she waived her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said Dogan’s refusal to take accountability showed that: “Guilt has not shifted. Society is possibly in the midst of that, perhaps driven by the societal understanding brought by the exposure of your ordeal.”

The prosecutor said Dogan’s claims of blamelessness showed how rape culture was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a culture of consent.”

Sie told the defendant: “As long as you deny it, it’s not just a individual, it’s an complete disturbing social system that you are upholding.”

Personal History

Dogan was born in Turkey and at the age of five came to France, where his parent worked as a caretaker. The court heard that his father was abusive and that the defendant began consuming marijuana at the age of 10. When he was 17 he was apprehended by authorities for drug trafficking and his father forced him to leave of home. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a laborer but had experienced periods of being unhoused.

He was wed and had a child with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had frequent intimate relations outside their marriage. His legal team said this was his way of coping with his challenging existence. Dogan had informed a evaluator that annually he engaged in transactional encounters on his birthday. His lawyers stated to the court he had a medical condition triggered by the pressure of the initial proceedings.