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A man was convicted on retrial of raping Gisèle Pelicot after she was sedated by her then-husband – and received his jail term raised to 10 years.

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had contested his first conviction last year, experienced a retrial this week at the Nîmes court of appeal.

A panel of five men and four women, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her residence in the south of France in the morning of 29 June 2019.

The court heard that Dogan, a family man, made contact with the victim's then husband, Dominique Pelicot, in an digital platform named “without her consent”, where the husband was recruiting men to visit his house to assault his wife once he had sedated her into a unconscious state.

We trust the panel will affirm that in this nation, human rights are also rights of women – that agreement is individual, not transferred,” stated the victim's lawyer, Antoine Camus. “Consent is secured directly and not by proxy from a husband.”

Background

The ex-husband, among the most severe sexual predators in France's contemporary records, was handed a sentence to 20 years in prison last year for sedating his spouse and bringing in numerous individuals to rape her in her home in the town of the village of Mazan over a duration of almost a decade of their union.

Fifty other men were found culpable in a notable trial last year, and the appellant was the only man to contest his verdict. He was initially given a sentence to nine years in prison, a punishment raised on Thursday to ten years.

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

Evidence Presented

Dogan had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his residence in Provence to rape Gisèle Pelicot, after notifying his wife he was stepping out, the court heard.

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

The courtroom 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 engaged in violation, stating that because the victim's husband had allowed him into the room, his actions had been permissible.

The panel in the higher court was displayed recorded footage of the victim's limp body, comatose and snoring in a deep sleep, while a smiling the perpetrator performed assault repeatedly over a timeframe of what authorities reported was several hours. The presiding judge said she had been at peril of fatal outcome by choking. The state's case said there was no doubt that she had been unaware and had not given permission.

Accused's Testimony

The defendant informed the court the recordings were simply “sex scenes” and disputed it was assault. He said what he did was “a sexual act”, not assault. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I attempted to cease,” Dogan informed the court. “I continued because he convinced me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to injure that individual.”

Victim's Response

Gisèle Pelicot, who was supported upon leaving court each day by crowds gathered to stand with her, said to Dogan in court: “You fail to comprehend. When are you going to recognise you assaulted me? It is unlawful to rape an unaware woman. How could I have give you agreement? Not once.”

Gisèle Pelicot, 72, became an global icon after she gave up her right to confidentiality in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, speaking to the victim in court, said Dogan’s failure to take accountability showed that: “The shame remains. The public is maybe in the midst of that, possibly propelled by the collective awareness resulting from the revelation of your ordeal.”

The prosecutor said the defendant's claims of non-guilt showed how rape culture was still prevalent 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 deny it, it’s not just a person, it’s an complete disturbing cultural framework that you are endorsing.”

Biographical Details

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 building manager. The evidence indicated that his parent was aggressive and that the defendant began smoking cannabis aged 10. When he was 17 he was caught by police for selling narcotics and his father kicked him out the residence. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a builder but had undergone periods of homelessness.

He was married and had a child with a genetic condition, who he was the primary guardian for, as his wife worked in a institution's dining hall. The testimony revealed his spouse did not know he had repeated sexual encounters outside their marriage. His defence said this was his method of dealing with his difficult circumstances. Dogan had told a court psychologist that each year he engaged in paid sex on his special day. His legal representatives informed the court he had arthritis caused by the stress of the initial proceedings.