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An individual was convicted on higher court review of raping Gisèle Pelicot after she was drugged unconscious by her spouse – and has had his prison sentence raised to 10 years.

Higher Court Case

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

A panel of four women and five men, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her home in Provence in the morning of 29 June 2019.

The testimony revealed that Dogan, a married father, connected with Gisèle Pelicot’s then husband, the husband, in an online chatroom titled “unbeknownst to her”, where Pelicot was looking for men to visit his house to rape his wife once he had drugged her into a deep sleep.

We trust the court will affirm that in this country, fundamental rights are also rights of women – that consent is individual, not given by another,” stated the victim's lawyer, her legal representative. “Agreement is received personally and not through someone else from a spouse.”

Background

The ex-husband, one of the worst sex offenders in modern French history, was given a prison term to twenty years in prison last year for sedating his then wife and soliciting multiple perpetrators to rape her in her home in the town of Mazan over a period of almost a decade of their marriage.

Fifty other men were found convicted in a notable trial last year, and Dogan was the sole individual to challenge his sentence. He was first sentenced to nine years in prison, a sentence increased on Thursday to a decade.

The chief prosecutor, Dominique Sie, had argued he should serve twelve years, because he “completely denies to take any accountability”.

Courtroom Details

The defendant had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his residence in the region to rape the victim, after telling his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from solitary confinement in prison to temporarily give evidence at the retrial, informed the court that Dogan had understood his wife had been “drugged” and he said to men by phone: “I want someone to violate my wife after I’ve put her to sleep without her consent.”

The courtroom became a key topic for a wider discussion on rape culture in society as Dogan continued to claim he was not guilty and had not engaged in violation, contending that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his conduct had been acceptable.

The panel in the Nîmes appeals court was presented with recorded footage of the victim's unconscious figure, unconscious and snoring in a unconscious condition, while a grinning the perpetrator committed rape repeatedly over a period of what investigators stated was 3.5 hours. The judge said she had been at risk of fatal outcome by choking. The prosecution said there was absolute certainty that she had been unaware and had not agreed.

Defendant's Statements

Dogan stated to the court the footage were simply “sex scenes” and rejected it was violation. He said what he did was “a sexual act”, not rape. He declared the court: “I am innocent of assault.” He said the victim's husband had allowed him to the home, and therefore it was OK. 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 closing remarks to the court, Dogan said: “I had no desire to hurt that lady.”

Victim's Response

The survivor, who was applauded upon leaving court each day by supporters gathered to support her, told the defendant in court: “You haven’t understood. When will you admit you assaulted me? It is illegal to assault an unaware woman. How could I have give you permission? Not once.”

The victim, 72, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, addressing Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “The shame remains. Society is perhaps in the course of that, possibly motivated by the societal understanding resulting from the revelation of your ordeal.”

Sie said Dogan’s claims of innocence showed how normalized violence was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change rape culture to a society based on agreement.”

Sie addressed Dogan: “While you refuse to admit it, it’s not just a person, it’s an whole sordid social system that you are supporting.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of 5 relocated to the nation of France, where his father worked as a concierge. The testimony revealed that his parent was aggressive and that the defendant began smoking cannabis aged 10. When Dogan was seventeen he was stopped by authorities for selling narcotics and his father kicked him out the family house. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a construction worker but had faced periods of living on the streets.

He was married and had a son with special needs, who he was the main caregiver for, as his spouse worked in a school canteen. The court heard his spouse did not know he had repeated intimate relations outside their union. His defence said this was his strategy for managing with his stressful life. The defendant had stated to a evaluator that each year he engaged in commercial sex on his special day. His attorneys informed the court he had a medical condition resulting from the stress of the original case.