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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 received his prison sentence increased to 10 years.

Higher Court Case

Dogan, forty-four, an out-of-work construction worker, who had challenged his first conviction last year, experienced a new trial this week at the Nîmes court of appeal.

A jury of four women and five men, accompanied by three judges, convicted Dogan on Thursday of raping the victim in her residence in the south of France in the morning of 29 June 2019.

The court heard that the accused, a married father, connected with Gisèle Pelicot’s then husband, the husband, in an internet forum titled “unbeknownst to her”, where Pelicot was recruiting men to enter his residence to rape his wife once he had sedated her into a unconscious state.

We trust the panel will affirm that in this country, fundamental rights are also rights of women – that permission is personal, not given by another,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is received directly and not by proxy from a spouse.”

Background

The ex-husband, among the most severe sex offenders in France's contemporary records, was given a prison term to two decades in prison last year for sedating his wife at the time and bringing in dozens of men to rape her in her home in the Provence village of the village of Mazan over a period of almost a decade of their marriage.

Fifty other men were found guilty in a notable trial last year, and the appellant was the sole individual to contest his conviction. He was first given a sentence to nine years in prison, a sentence enhanced on Thursday to a decade.

The state's attorney, Dominique Sie, had contended he should serve twelve years, because he “absolutely refuses to take any blame”.

Testimony and Proof

Dogan had initially sent the husband graphic images and then traveled an hour from his town in the region to assault the victim, after telling his wife he was leaving, the testimony revealed.

The ex-husband, who was transported from solitary confinement in prison to temporarily give evidence at the appeal trial, told the court that Dogan had been aware his wife had been “incapacitated” and he told to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a central issue for a broader debate on rape culture in society as Dogan continued to say he was blameless and had not engaged in violation, contending that because Gisèle Pelicot’s husband had invited him into the bedroom, his conduct had been permissible.

The jury in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a unconscious condition, while a grinning the perpetrator performed assault on several occasions over a period of what investigators stated was three and a half hours. The presiding judge said she had been at danger of fatal outcome by choking. The state's case said there was absolute certainty that she had been incapacitated and had not consented.

Accused's Testimony

The defendant stated to the court the footage were simply “intimate moments” and denied it was assault. He said what he did was “a sexual act”, not assault. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I never wanted to hurt that woman.”

Survivor's Statement

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by onlookers assembled to back her, said to the defendant in court: “You haven’t understood. When are you going to recognise you assaulted me? It’s a crime to assault an unaware woman. When did I ever give you permission? Never.”

Gisèle Pelicot, 72, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, addressing the victim in court, said Dogan’s unwillingness to take blame showed that: “Shame has not yet changed sides. The public is maybe in the midst of that, maybe propelled by the collective awareness resulting from the publication of your case.”

Sie said Dogan’s claims of non-guilt showed how normalized violence was still widespread in society as part of “old-fashioned” forms of “gender-based power”. He said: “Now we must change the culture of violence to a culture of consent.”

Sie addressed the defendant: “As long as you reject it, it’s not just a woman, it’s an entire unpleasant cultural framework that you are supporting.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of 5 moved to France, where his parent worked as a building manager. The evidence indicated that his parent was violent and that Dogan began smoking cannabis aged 10. When he was seventeen he was caught by police 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 construction worker but had faced periods of homelessness.

He was married and had a child with a genetic condition, who he was the principal carer for, as his spouse worked in a institution's dining hall. The evidence showed his spouse did not know he had regular intimate relations outside their marriage. His legal team said this was his way of coping with his challenging existence. Dogan had informed a evaluator that annually he sought paid sex on his birthday. His attorneys told the court he had a medical condition triggered by the anxiety of the initial proceedings.