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A man was convicted on appeal of raping Gisèle Pelicot following she was drugged unconscious by her husband – and received his incarceration period extended to a decade.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, faced a retrial this week at the Nîmes court of appeal.

A jury of nine jurors, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her residence in the south of France in the morning of June 29, 2019.

The testimony revealed that the accused, a family man, made contact with the victim's then husband, the husband, in an online chatroom titled “unbeknownst to her”, where the husband was recruiting men to enter his residence to rape his wife after he had rendered her unconscious into a deep sleep.

We expect the jury will say loud and clear that in this country, human rights are also rights of women – that consent is personal, not given by another,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Permission is obtained directly and not by proxy from a spouse.”

Context

The ex-husband, one of the worst sexual predators in France's contemporary records, was given a prison term to twenty years in prison last year for incapacitating his wife at the time and soliciting numerous individuals to sexually assault her in her home in the Provence village of Mazan over a duration of nearly ten years of their union.

Numerous other individuals were found convicted in a notable trial last year, and Dogan was the single defendant to challenge his verdict. He was originally handed a term to 9 years in prison, a punishment increased on Thursday to a decade.

The chief prosecutor, Dominique Sie, had contended he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

Dogan had first sent the husband inappropriate pictures and then driven an hour from his residence in the region to rape the victim, after telling his wife he was stepping out, the evidence indicated.

Pelicot, who was transported from solitary confinement in prison to temporarily testify at the hearing, informed the court that the accused had been aware his wife had been “drugged” and he communicated to men by phone: “I want someone to violate my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a focus point for a wider discussion on sexual violence norms in society as the defendant continued to assert he was not guilty and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had invited him into the bedroom, his actions had been acceptable.

The jury in the higher court was displayed recorded footage of the victim's limp body, unconscious and snoring in a deep sleep, while a smiling Dogan engaged in violation multiple times over a timeframe of what investigators stated was 3.5 hours. The court official said she had been at danger of death by suffocation. The state's case said there was no question that she had been unaware and had not given permission.

Accused's Testimony

Dogan informed the court the videos were simply “sexual encounters” and rejected it was rape. He said what he did was “a consensual activity”, not rape. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was acceptable. He said he was influenced by the husband. “I attempted to cease,” Dogan informed the court. “I carried on because he persuaded me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to injure that lady.”

Survivor's Statement

The survivor, who was cheered upon exiting the courtroom each day by crowds assembled to stand with her, said to Dogan in court: “You haven’t understood. When are you going to recognise you violated me? It’s a crime to rape an unaware woman. How could I have give you agreement? At no time.”

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

State's Argument

Sie, turning to the victim in court, said Dogan’s failure to take blame showed that: “Shame has not yet changed sides. The public is maybe in the midst of that, perhaps motivated by the public consciousness spurred by the revelation of your ordeal.”

Sie said the defendant's claims of innocence showed how rape culture was still common in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change rape culture to a society based on agreement.”

The prosecutor told the defendant: “For as much as you deny it, it’s not just a individual, it’s an complete sordid societal structure that you are supporting.”

Personal History

The accused was originated from Turkey and at the age of five came to France, where his parent worked as a caretaker. The testimony revealed that his parent was aggressive and that the defendant began using drugs at the age of ten. When he was seventeen he was apprehended by authorities for dealing drugs and his parent forced him to leave of home. He spent time in prison for drug dealing in his twenties and had worked as a builder but had experienced periods of being unhoused.

He was married and had a child with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The court heard his spouse did not know he had regular intimate relations outside their union. His legal team said this was his way of coping with his difficult circumstances. The defendant had informed a mental health expert that once a year he sought paid sex on his special day. His legal representatives informed the court he had a medical condition triggered by the pressure of the original case.