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A man was convicted on appeal of raping Gisèle Pelicot following she was drugged unconscious by her husband – and was given his prison sentence increased to a decade.

Retrial Proceedings

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

A panel of four women and five men, accompanied by three judges, convicted Dogan on Thursday of raping Pelicot in her bedroom 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 spouse, the husband, in an internet forum called “without her consent”, where Pelicot was seeking men to visit his house to rape his wife once he had rendered her unconscious into a unconscious state.

“We hope the court will say loud and clear that in this society, fundamental rights are also women’s rights – that agreement is personal, not transferred,” stated the victim's attorney, her legal representative. “Permission is received personally and not by proxy from a husband.”

Background

Dominique Pelicot, one of the worst sex offenders in France's contemporary records, was sentenced to two decades in prison last year for sedating his spouse and inviting numerous individuals to rape her in her home in the Provence village of the village of Mazan over a duration of many years of their marriage.

Fifty other men were found guilty in a notable trial last year, and Dogan was the sole individual to challenge his conviction. He was first handed a term to nine years in prison, a punishment enhanced on Thursday to a decade.

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 initially sent the husband graphic images and then driven an hour from his village in Provence to assault Gisèle Pelicot, after telling his wife he was leaving, the testimony revealed.

Pelicot, who was brought from segregation in prison to temporarily testify at the retrial, told the court that Dogan had understood his wife had been “sedated” and he told to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a key topic for a broader debate on rape culture in society as Dogan continued to say he was not guilty and had not engaged in violation, stating that because the victim's husband had invited him into the bedroom, his behavior had been permissible.

The jury in the higher court was displayed visual proof of Gisèle Pelicot’s limp body, sedated and snoring in a deep sleep, while a grinning the perpetrator engaged in violation repeatedly over a period of what authorities reported was three and a half hours. The presiding judge 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.

Defendant's Statements

The defendant stated to the court the videos were simply “sex scenes” and rejected it was rape. He said what he did was “a sexual act”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused informed the court. “I carried on because he reassured me.”

Asked if he wanted to make a last words to the court, Dogan said: “I never wanted to harm that lady.”

Victim's Response

The survivor, who was applauded upon departing the trial each day by onlookers assembled to back her, said to Dogan in court: “You fail to comprehend. When will you admit you raped me? It’s a crime to rape an incapacitated woman. When did I ever give you consent? Never.”

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

Legal Commentary

Sie, turning to the victim in court, said the defendant's failure to take blame showed that: “The shame remains. The public is maybe in the midst of that, perhaps motivated by the collective awareness spurred by the revelation of your situation.”

Sie said Dogan’s claims of non-guilt showed how rape culture was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “We need to change rape culture to a ethos of permission.”

Sie told the defendant: “While you deny it, it’s not just a person, it’s an entire sordid social system that you are supporting.”

Biographical Details

The accused was originated from the country of Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a caretaker. The court heard that his parent was aggressive and that Dogan began smoking cannabis at the age of 10. When Dogan was 17 he was caught by police for selling narcotics and his parent evicted him the family house. He was incarcerated in prison for trafficking in his early 20s and had worked as a construction worker but had experienced periods of homelessness.

He was wed and had a son with special needs, who he was the principal carer for, as his wife worked in a educational cafeteria. The court heard his spouse did not know he had repeated intimate relations beyond their union. His legal team said this was his strategy for managing with his challenging existence. The defendant had stated to a mental health expert that once a year he sought transactional encounters on his special day. His attorneys informed the court he had joint inflammation resulting from the anxiety of the original case.