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An individual was convicted on higher court review of raping Gisele Pelicot after she was drugged unconscious by her then-husband – and received his prison sentence extended to ten years.

Retrial Proceedings

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

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

The evidence showed that the accused, a family man, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom titled “without her consent”, where the husband was looking for men to enter his residence to assault his wife after he had drugged her into a comatose state.

“We hope the court will declare that in this society, human rights are also women’s rights – that permission is individual, not transferred,” stated the victim's attorney, her legal representative. “Permission is received directly and not via a representative from a spouse.”

Background

Dominique Pelicot, one of the worst sexual predators in recent French history, was handed a sentence to 20 years in prison last year for incapacitating his wife at the time and soliciting multiple perpetrators to sexually assault her in her home in the Provence village of the village of Mazan over a period of almost a decade of their union.

Fifty other men were found convicted in a high-profile trial last year, and the appellant was the only man to challenge his verdict. He was first sentenced to nine years in prison, a sentence enhanced on Thursday to ten years.

The chief prosecutor, Dominique Sie, had argued he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Courtroom Details

Dogan had initially sent the husband inappropriate pictures and then traveled an hour from his residence in the region to assault the victim, after telling his wife he was stepping out, the evidence indicated.

The ex-husband, who was transported from segregation in prison to temporarily testify at the appeal trial, informed the court that the accused had known his wife had been “drugged” and he told to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a key topic for a larger conversation on sexual violence norms in society as Dogan continued to say he was blameless and had not engaged in violation, stating that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his behavior had been acceptable.

The jury in the Nîmes appeals court was shown recorded footage of the victim's limp body, unconscious and snoring in a deep sleep, while a smiling Dogan engaged in violation on several occasions over a duration 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 absolute certainty that she had been unconscious and had not consented.

Defendant's Statements

Dogan told the court the recordings were simply “sexual encounters” and disputed it was assault. He said what he did was “a sexual act”, not rape. He stated the court: “I am innocent of assault.” He said the victim's husband had brought him to the home, and therefore it was acceptable. He said he was deceived by the husband. “I wanted to stop,” Dogan told the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I did not intend to harm that individual.”

Survivor's Statement

Gisèle Pelicot, who was supported upon leaving court each day by onlookers assembled to support her, told the defendant in court: “You do not grasp. When will you acknowledge you assaulted me? It is illegal to assault an incapacitated woman. How could I have give you permission? At no time.”

Gisèle Pelicot, 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.”

State's Argument

The prosecutor, addressing the victim in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. The public is possibly in the course of that, possibly driven by the societal understanding spurred by the exposure of your situation.”

The prosecutor said Dogan’s claims of blamelessness showed how rape culture was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “Now we must change rape culture to a society based on agreement.”

Sie said to Dogan: “While you refuse to admit it, it’s not just a person, it’s an entire sordid societal structure that you are upholding.”

Biographical Details

The accused was originated from the country of Turkey and at the age of five came to the nation of France, where his parent worked as a concierge. The evidence indicated that his parent was aggressive and that the defendant began smoking cannabis aged 10. When Dogan was seventeen he was stopped by police for selling narcotics and his father forced him to leave the residence. He spent time in prison for trafficking in his early 20s and had worked as a builder but had faced periods of living on the streets.

He was married and had a child with special needs, who he was the main caregiver for, as his wife worked in a school canteen. The court heard his spouse did not know he had frequent extramarital activities beyond their union. His defence said this was his way of coping with his stressful life. The defendant had informed a evaluator that once a year he engaged in commercial sex on his special day. His lawyers informed the court he had joint inflammation triggered by the anxiety of the original case.