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A defendant was convicted on appeal of raping Gisèle Pelicot following she was drugged unconscious by her then-husband – and was given his prison sentence raised to ten years.

Higher Court Case

The defendant, forty-four, an unemployed builder, who had challenged his initial guilty verdict last year, underwent a retrial this week at the higher court in Nîmes.

A panel of nine jurors, accompanied by three judges, convicted Dogan on Thursday of raping the victim in her bedroom in the south of France in the early hours of June 29, 2019.

The evidence showed that Dogan, a family man, reached out to Gisèle Pelicot’s husband at the time, the husband, in an internet forum called “unbeknownst to her”, where the husband was looking for men to come to his home to rape his wife after he had drugged her into a deep sleep.

We trust the jury will affirm that in this nation, fundamental rights are also women’s rights – that consent is individual, not transferred,” said Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is received personally and not via a representative from a husband.”

Background

Dominique Pelicot, among the most severe sexual predators in recent French history, was handed a sentence to 20 years in prison last year for drugging his spouse and bringing in multiple perpetrators to rape her in her home in the Provence village of Mazan over a period of nearly ten years of their marriage.

Numerous other individuals were found culpable in a notable trial last year, and the appellant was the sole individual to appeal against his verdict. He was originally handed a term to 9 years in prison, a penalty increased on Thursday to ten years.

The state's attorney, Dominique Sie, had argued he should serve 12 years, because he “completely denies to take any accountability”.

Evidence Presented

The defendant had initially sent the husband graphic images and then driven an hour from his town in Provence to assault the victim, after informing his wife he was stepping out, the court heard.

The ex-husband, who was transported from segregation in prison to temporarily testify at the appeal trial, informed the court that Dogan had understood his wife had been “drugged” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her without her knowledge.”

The courtroom became a key topic for a broader debate on rape culture in society as the defendant continued to say he was not guilty and had not perpetrated assault, arguing that because the victim's husband had welcomed him into the room, his behavior had been acceptable.

The panel in the higher court was shown video evidence of Gisèle Pelicot’s unconscious figure, sedated and snoring in a deep sleep, while a smiling Dogan performed assault repeatedly over a duration of what authorities reported was three and a half hours. The judge said she had been at danger of death by asphyxiation. The state prosecution said there was no question that she had been unconscious and had not agreed.

Defendant's Statements

The defendant told the court the recordings were simply “sex scenes” and denied it was rape. He said what he did was “a sexual act”, not assault. He stated the court: “I did not commit rape.” He said the victim's husband had invited him to the house, and therefore it was OK. He said he was deceived by the husband. “I attempted to cease,” Dogan told the court. “I continued because he reassured me.”

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

Survivor's Statement

The victim, who was supported upon leaving court each day by crowds gathered to stand with her, addressed the defendant in court: “You fail to comprehend. When are you going to recognise you assaulted me? It is illegal to rape an unaware woman. When did I ever give you permission? At no time.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she gave up her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s refusal to take accountability showed that: “The shame remains. The community is perhaps in the course of that, maybe driven by the public consciousness resulting from the revelation of your situation.”

The prosecutor said Dogan’s claims of innocence showed how normalized violence was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change the culture of violence to a culture of consent.”

Sie addressed the defendant: “As long as you refuse to admit it, it’s not just a person, it’s an entire unpleasant social system that you are endorsing.”

Personal History

The accused was born in Turkey and at the age of five moved to France, where his father worked as a building manager. The evidence indicated that his parent was aggressive and that the defendant began smoking cannabis aged ten. When he was 17 he was caught by authorities for drug trafficking and his father forced him to leave the residence. He served time in prison for trafficking in his early 20s and had worked as a construction worker 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 spouse worked in a educational cafeteria. The evidence showed his wife did not know he had regular intimate relations outside their marriage. His legal team said this was his strategy for managing with his challenging existence. The defendant had informed a court psychologist that once a year he sought commercial sex on his special day. His lawyers stated to the court he had a medical condition resulting from the anxiety of the original case.