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A man was declared guilty on higher court review of raping Gisèle Pelicot after she was drugged unconscious by her then-husband – and has had his jail term extended to a decade.

Retrial Proceedings

The defendant, 44, an out-of-work construction worker, who had contested his first conviction last year, underwent a retrial this week at the appeals court in Nîmes.

A jury of four women and five men, accompanied by three judges, convicted Dogan on Thursday of raping Pelicot in her home in Provence in the early hours of 29 June 2019.

The evidence showed that Dogan, a family man, reached out to the victim's then husband, Dominique Pelicot, in an digital platform titled “unbeknownst to her”, where Pelicot was looking for men to visit his house to rape his wife once he had rendered her unconscious into a deep sleep.

We trust the panel will declare that in this country, human rights are also rights of women – that consent is personal, not transferred,” stated Gisèle Pelicot’s lawyer, her legal representative. “Agreement is received directly and not through someone else from a husband.”

Background

The husband, among the most severe sex offenders in modern French history, was given a prison term to 20 years in prison last year for sedating his wife at the time and inviting numerous individuals to sexually assault her in her home in the Provence village of the village of Mazan over a period of nearly ten years of their union.

Fifty other men were found guilty in a high-profile trial last year, and the appellant was the single defendant to challenge his verdict. He was initially handed a term to 9 years in prison, a sentence increased on Thursday to a decade.

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

Testimony and Proof

Dogan had initially sent the husband sexually explicit photos and then driven an hour from his residence in the region to rape the victim, after informing his wife he was leaving, the court heard.

The ex-husband, who was transported from isolation in prison to briefly provide testimony at the appeal trial, told the court that Dogan had been aware his wife had been “drugged” and he communicated to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The proceedings became a central issue for a broader debate on rape culture in society as Dogan continued to say he was innocent and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had welcomed him into the room, his behavior had been justifiable.

The panel in the Nîmes appeals court was displayed video evidence of the victim's unconscious figure, comatose and snoring in a unconscious condition, while a grinning Dogan engaged in violation multiple times over a timeframe of what authorities reported was several hours. The presiding judge said she had been at risk of fatal outcome by asphyxiation. The prosecution said there was no question that she had been incapacitated and had not given permission.

Accused's Testimony

Dogan stated to the court the videos were simply “intimate moments” and rejected it was assault. He said what he did was “an intimate behavior”, not rape. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I wanted to stop,” Dogan told the court. “I carried on because he reassured me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to harm that woman.”

Victim's Response

The victim, who was cheered upon exiting the courtroom each day by supporters gathered to stand with her, said to the defendant in court: “You haven’t understood. When will you admit you raped me? It’s a crime to rape an unaware woman. When did I ever give you consent? Never.”

The victim, 72, became an international feminist hero after she gave up her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, addressing the victim in court, said the defendant's refusal to take accountability showed that: “The shame remains. The community is maybe in the midst of that, possibly driven by the societal understanding spurred by the publication of your situation.”

The prosecutor said Dogan’s claims of innocence showed how rape culture 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.”

The prosecutor told Dogan: “For as much as you refuse to admit it, it’s not just a person, it’s an whole sordid social system that you are upholding.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five moved to the nation of France, where his father worked as a caretaker. The evidence indicated that his father was violent and that Dogan began consuming marijuana aged ten. When Dogan was 17 he was stopped by police for dealing drugs and his parent evicted him the residence. He spent time in prison for drug dealing in his twenties and had worked as a construction worker but had faced periods of living on the streets.

He was wed and had a child with special needs, who he was the main caregiver for, as his wife worked in a institution's dining hall. The evidence showed his wife did not know he had frequent extramarital activities beyond their union. His legal team said this was his way of coping with his stressful life. Dogan had informed a evaluator that annually he looked for paid sex on his birthday. His legal representatives told the court he had a medical condition triggered by the pressure of the original case.