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An individual was convicted on retrial of raping Gisèle Pelicot following she was sedated by her then-husband – and was given his jail term increased to a decade.

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, underwent a new trial this week at the appeals court in Nîmes.

A jury of four women and five men, sitting with three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her bedroom in southern France in the early hours of June 29, 2019.

The evidence showed that the accused, a family man, made contact with the victim's then husband, the husband, in an internet forum called “without her knowledge”, where the husband was recruiting men to come to his home to assault his wife after he had sedated her into a comatose state.

“We hope the court will affirm that in this country, fundamental rights are also women’s rights – that consent is personal, not given by another,” said Gisèle Pelicot’s attorney, Antoine Camus. “Permission is received personally and not through someone else from a spouse.”

Context

The ex-husband, among the most severe sex offenders in modern French history, was handed a sentence to 20 years in prison last year for drugging his spouse and soliciting dozens of men to sexually assault her in her home in the community of the village of Mazan over a duration of nearly ten years of their union.

Fifty other men were found convicted in a widely publicized trial last year, and the appellant was the single defendant to contest his conviction. He was first sentenced to 9 years in prison, a punishment raised on Thursday to 10 years.

The chief prosecutor, the prosecutor, had argued he should serve 12 years, because he “completely denies to take any accountability”.

Evidence Presented

Dogan had initially sent Dominique Pelicot graphic images and then traveled an hour from his residence in Provence to rape the victim, after notifying his wife he was going out, the evidence indicated.

The ex-husband, who was brought from solitary confinement in prison to briefly give evidence at the hearing, stated to the court that the accused had known his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The proceedings became a focus point for a broader debate on rape culture in society as Dogan continued to say he was innocent and had not committed rape, stating that because the victim's husband had welcomed him into the residence, his actions had been acceptable.

The panel in the higher court was presented with recorded footage of the victim's unconscious figure, comatose and snoring in a unconscious condition, while a grinning Dogan performed assault repeatedly over a timeframe of what investigators stated was 3.5 hours. The presiding judge said she had been at risk of death by suffocation. The state's case said there was no question that she had been unaware and had not consented.

Dogan's Claims

The defendant stated to the court the footage were simply “sexual encounters” and denied it was assault. He said what he did was “a consensual activity”, not rape. He told the court: “I am innocent of assault.” He said the victim's husband had brought him to the residence, and therefore it was acceptable. He said he was manipulated by the husband. “I attempted to cease,” the accused stated to 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 hurt that lady.”

Pelicot's Words

The victim, who was applauded upon departing the trial each day by crowds present to stand with her, told Dogan in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is unlawful to rape an unaware woman. How could I have give you consent? At no time.”

The victim, 72, became an global icon after she gave up her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, turning to Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “Guilt has not shifted. Society is maybe in the process of that, possibly motivated by the societal understanding spurred by the publication of your ordeal.”

Sie said Dogan’s claims of innocence showed how normalized violence was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a culture of consent.”

Sie addressed Dogan: “While you deny it, it’s not just a woman, it’s an entire disturbing cultural framework that you are supporting.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of 5 came to France, where his father worked as a concierge. The testimony revealed that his father was abusive and that the defendant began consuming marijuana aged 10. When Dogan was seventeen he was caught by police for selling narcotics and his parent forced him to leave the residence. He spent time in prison for drug dealing in his early 20s and had worked as a construction worker but had faced periods of living on the streets.

He was married and had a son with a genetic condition, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The court heard his spouse did not know he had repeated extramarital activities outside their union. His defence said this was his way of coping with his stressful life. Dogan had stated to a evaluator that each year he engaged in paid sex on his birthday. His lawyers informed the court he had a medical condition resulting from the stress of the original case.