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A defendant has been found guilty on retrial of raping Gisèle Pelicot after she was drugged unconscious by her spouse – and has had his jail term extended to 10 years.

Appeal Trial

Dogan, 44, an unemployed builder, who had challenged his first conviction last year, experienced a appeal hearing this week at the appeals court in Nîmes.

A panel of nine jurors, sitting with three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her bedroom in the south of France in the morning of June 29, 2019.

The testimony revealed that Dogan, a family man, connected with Gisèle Pelicot’s husband at the time, the husband, in an internet forum named “without her knowledge”, where Pelicot was seeking men to come to his home to assault his wife after he had drugged her into a comatose state.

“We hope the panel will affirm that in this society, human rights are also rights of women – that agreement is individual, not given by another,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is obtained directly and not via a representative from a husband.”

Background

The ex-husband, a notorious sexual predators in recent French history, was handed a sentence to twenty years in prison last year for drugging his spouse and inviting dozens of men to rape her in her home in the Provence village of the village of Mazan over a duration of nearly ten years of their union.

Fifty other men were found convicted in a widely publicized trial last year, and the appellant was the single defendant to challenge his verdict. He was first given a sentence to 9 years in prison, a punishment enhanced on Thursday to a decade.

The state's attorney, Dominique Sie, had argued he should serve twelve years, because he “completely denies to take any blame”.

Testimony and Proof

Dogan had first sent the husband sexually explicit photos and then traveled an hour from his town in the region to rape the victim, after notifying his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from segregation in prison to temporarily provide testimony at the appeal trial, informed the court that Dogan had understood his wife had been “drugged” and he told to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The proceedings became a central issue for a wider discussion on sexual violence norms in society as the defendant continued to assert he was not guilty and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had allowed him into the room, his conduct had been acceptable.

The panel in the Nîmes appeals court was shown recorded footage of the victim's unresponsive form, unconscious and snoring in a deep sleep, while a smiling the perpetrator performed assault repeatedly over a period of what authorities reported was several hours. The court official said she had been at risk of fatal outcome by choking. The prosecution said there was no question that she had been unaware and had not given permission.

Accused's Testimony

Dogan told the court the footage were simply “sex scenes” and disputed it was rape. He said what he did was “an intimate behavior”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused told the court. “I continued because he convinced me.”

Asked if he wanted to make a last words to the court, the defendant said: “I had no desire to harm that individual.”

Victim's Response

The victim, who was supported upon leaving court each day by supporters gathered to stand with her, said to the defendant in court: “You haven’t understood. When will you acknowledge you raped me? It’s a crime to assault an unconscious woman. How could I have give you consent? At no time.”

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.”

Prosecutor's Remarks

Sie, speaking to the victim in court, said Dogan’s failure to take blame showed that: “The shame remains. The public is maybe in the midst of that, maybe motivated by the public consciousness resulting from the publication of your situation.”

The prosecutor said the defendant's claims of innocence showed how rape culture was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “We need to change the culture of violence to a ethos of permission.”

The prosecutor told the defendant: “For as much as you reject it, it’s not just a individual, it’s an entire unpleasant societal structure that you are endorsing.”

Defendant's Background

The accused was originated from Turkey and at the age of 5 relocated to the nation of France, where his father worked as a building manager. The court heard that his parent was violent and that Dogan began consuming marijuana aged ten. When Dogan was 17 he was caught by police for dealing drugs and his parent forced him to leave the family house. He was incarcerated in prison for trafficking in his young adulthood and had worked as a builder but had undergone periods of being unhoused.

He was married and had a son with special needs, who he was the principal carer for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had regular extramarital activities beyond their union. His defence said this was his strategy for managing with his difficult circumstances. The defendant had stated to a mental health expert that once a year he engaged in transactional encounters on his special day. His attorneys stated to the court he had joint inflammation resulting from the pressure of the initial proceedings.