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A man was declared guilty on appeal of raping Gisele Pelicot after she was drugged unconscious by her then-husband – and has had his incarceration period extended to 10 years.

Appeal Trial

The defendant, forty-four, an unemployed builder, who had challenged his first conviction last year, experienced a appeal hearing this week at the higher court in Nîmes.

A panel of four women and five men, sitting with three judges, ruled against Dogan on Thursday of raping Pelicot in her bedroom in Provence in the morning of June 29, 2019.

The testimony revealed that Dogan, a family man, made contact with the victim's spouse, the husband, in an digital platform named “without her consent”, where Pelicot was recruiting men to come to his home to rape his wife once he had sedated her into a unconscious state.

We expect the jury will declare that in this nation, fundamental rights are also rights of women – that consent is personal, not delegated,” stated the victim's lawyer, her legal representative. “Agreement is obtained directly and not by proxy from a husband.”

Context

Dominique Pelicot, a notorious sexual predators in recent French history, was handed a sentence to two decades in prison last year for incapacitating his then wife and bringing in multiple perpetrators to rape her in her home in the town of Mazan over a span of many years of their union.

Fifty other men were found guilty in a high-profile trial last year, and the appellant was the sole individual to challenge his conviction. He was initially sentenced to 9 years in prison, a punishment increased on Thursday to 10 years.

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

Courtroom Details

The defendant had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in the region to assault Gisèle Pelicot, after notifying his wife he was stepping out, the testimony revealed.

Pelicot, who was brought from segregation in prison to briefly provide testimony at the retrial, stated to the court that Dogan had known his wife had been “drugged” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her knowledge.”

The trial became a key topic for a broader debate on rape culture in society as Dogan continued to assert he was innocent and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had invited him into the residence, his behavior had been acceptable.

The panel in the Nîmes appeals court was shown visual proof of the victim's limp body, sedated and breathing heavily in a deep sleep, while a grinning Dogan engaged in violation multiple times over a timeframe of what police said was 3.5 hours. The presiding judge said she had been at risk of fatal outcome by choking. The prosecution said there was no doubt that she had been unaware and had not agreed.

Dogan's Claims

Dogan told the court the recordings were simply “sex scenes” and disputed it was assault. He said what he did was “a consensual activity”, not assault. He declared the court: “I never raped.” He said the victim's husband had invited him to the residence, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I continued because he convinced me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I never wanted to injure that lady.”

Victim's Response

The victim, who was supported upon departing the trial each day by onlookers assembled to support her, addressed Dogan in court: “You do not grasp. When will you acknowledge you raped me? It’s a crime to assault an unconscious woman. When did I ever give you agreement? Not once.”

The victim, 72, became an international feminist hero after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's refusal to take blame showed that: “The shame remains. The community is perhaps in the process of that, perhaps motivated by the societal understanding brought by the revelation of your ordeal.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still widespread in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change rape culture to a culture of consent.”

The prosecutor told the defendant: “For as much as you refuse to admit it, it’s not just a individual, it’s an complete unpleasant social system that you are supporting.”

Defendant's Background

Dogan was originated from Turkey and at the age of five relocated to France, where his parent worked as a building manager. The court heard that his father was aggressive and that the defendant began using drugs at the age of 10. When he was seventeen he was stopped by police for dealing drugs and his father kicked him out the family house. He was incarcerated in prison for drug dealing in his twenties and had worked as a builder but had undergone periods of living on the streets.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his wife worked in a institution's dining hall. The evidence showed his spouse did not know he had repeated sexual encounters beyond their marriage. His legal team said this was his strategy for managing with his challenging existence. Dogan had informed a evaluator that each year he looked for commercial sex on his birthday. His attorneys told the court he had a medical condition triggered by the anxiety of the first trial.