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An individual was convicted on retrial of raping Gisèle Pelicot after she was drugged unconscious by her then-husband – and has had his incarceration period increased to 10 years.

Retrial Proceedings

The defendant, forty-four, an out-of-work construction worker, who had challenged his initial guilty verdict last year, experienced a retrial this week at the Nîmes court of appeal.

A panel of four women and five men, sitting with three judges, convicted Dogan on Thursday of raping the victim in her bedroom in the south of France in the morning of June 29, 2019.

The testimony revealed that Dogan, a married father, reached out to the victim's spouse, the husband, in an internet forum called “without her consent”, where the husband was seeking men to come to his home to rape his wife once he had rendered her unconscious into a comatose state.

We expect the court will say loud and clear that in this country, human rights are also rights of women – that permission is personal, not delegated,” declared the victim'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 given a prison term to twenty years in prison last year for drugging his wife at the time and inviting numerous individuals to sexually assault her in her home in the community of Mazan over a period of almost a decade of their marriage.

Numerous other individuals were found culpable in a notable trial last year, and Dogan was the single defendant to challenge his conviction. He was first sentenced to nine years in prison, a punishment increased on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had argued he should serve twelve years, because he “stubbornly rejects to take any blame”.

Testimony and Proof

Dogan had initially sent the husband graphic images and then traveled an hour from his village in the region to rape Gisèle Pelicot, after telling his wife he was leaving, the court heard.

The ex-husband, who was brought from segregation in prison to briefly provide testimony at the hearing, told the court that Dogan had been aware his wife had been “sedated” and he told to men by phone: “I want someone to violate my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a focus point for a larger conversation on rape culture in society as the defendant continued to assert he was blameless and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had welcomed him into the residence, his behavior had been justifiable.

The jury in the higher court was displayed recorded footage of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a unconscious condition, while a grinning the perpetrator performed assault repeatedly over a period of what authorities reported was several hours. The court official said she had been at risk of death by asphyxiation. The prosecution said there was no doubt that she had been unconscious and had not agreed.

Defendant's Statements

Dogan stated to the court the recordings were simply “intimate moments” and disputed it was violation. He said what he did was “an intimate behavior”, not assault. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I tried to halt,” the accused stated to the court. “I carried on because he reassured me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I had no desire to injure that woman.”

Survivor's Statement

The survivor, who was cheered upon leaving court each day by supporters gathered to support her, told Dogan in court: “You fail to comprehend. When will you admit you assaulted me? It’s a crime to assault an unaware woman. At what point did I give you agreement? Never.”

Gisèle Pelicot, 72, became an symbol of resistance after she waived her right to anonymity in the trial last year when she said: “The shame should shift.”

Legal Commentary

The prosecutor, addressing the victim in court, said the defendant's failure to take blame showed that: “The shame remains. Society is maybe in the course of that, perhaps propelled by the societal understanding resulting from the publication of your ordeal.”

Sie said the defendant's claims of innocence showed how normalized violence was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “We need to change rape culture to a culture of consent.”

Sie told the defendant: “While you refuse to admit it, it’s not just a individual, it’s an whole unpleasant cultural framework that you are upholding.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five relocated to the nation of France, where his father worked as a concierge. The evidence indicated that his father was violent and that the defendant began smoking cannabis at the age of 10. When Dogan was 17 he was caught by authorities for drug trafficking and his father evicted him the family house. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a builder but had experienced periods of living on the streets.

He was wed and had a son with a genetic condition, who he was the primary guardian for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had regular sexual encounters beyond their union. His legal team said this was his way of coping with his difficult circumstances. Dogan had informed a mental health expert that annually he looked for paid sex on his special day. His attorneys informed the court he had arthritis resulting from the stress of the original case.