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A man was declared guilty on retrial of sexually assaulting Gisèle Pelicot following she was sedated by her spouse – and was given his incarceration period increased to a decade.

Appeal Trial

The defendant, 44, an unemployed builder, who had challenged his first conviction last year, faced a appeal hearing this week at the appeals court in Nîmes.

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

The court heard that Dogan, a family man, reached out to the victim's husband at the time, the husband, in an internet forum called “without her knowledge”, where the husband was recruiting men to enter his residence to rape his wife once he had sedated her into a unconscious state.

“We hope the panel will affirm that in this society, fundamental rights are also women’s rights – that permission is personal, not given by another,” stated the victim's lawyer, Antoine Camus. “Agreement is obtained personally and not through someone else from a spouse.”

Case History

The ex-husband, among the most severe sexual predators in France's contemporary records, was given a prison term to two decades in prison last year for drugging his then wife and inviting numerous individuals to rape her in her home in the community of the village of Mazan over a span of nearly ten years of their marriage.

Fifty other men were found convicted in a widely publicized trial last year, and the appellant was the only man to challenge his conviction. He was initially given a sentence to 9 years in prison, a penalty increased on Thursday to 10 years.

The state's attorney, the prosecutor, had stated he should serve 12 years, because he “absolutely refuses to take any blame”.

Testimony and Proof

The defendant had first sent the husband sexually explicit photos and then traveled an hour from his residence in Provence to rape the victim, after telling his wife he was going out, the court heard.

Pelicot, who was brought from segregation in prison to temporarily testify at the appeal trial, informed the court that the accused had understood his wife had been “incapacitated” and he said to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious without her consent.”

The trial became a central issue for a wider discussion on sexual violence norms in society as Dogan continued to assert 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 justifiable.

The jury in the higher court was shown visual proof of the victim's limp body, unconscious and breathing heavily in a comatose state, while a smiling the perpetrator committed rape multiple times over a period of what authorities reported was three and a half hours. The court official said she had been at risk of death by asphyxiation. The state's case said there was absolute certainty that she had been unconscious and had not agreed.

Defendant's Statements

The defendant told the court the videos were simply “intimate moments” and rejected it was rape. He said what he did was “a consensual activity”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan stated to the court. “I carried on because he persuaded me.”

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

Pelicot's Words

The survivor, who was supported upon departing the trial each day by supporters gathered to support her, said to Dogan in court: “You do not grasp. When will you admit you violated me? It is illegal to rape an unconscious woman. When did I ever give you consent? Never.”

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

State's Argument

Sie, addressing the victim in court, said the defendant's unwillingness to take blame showed that: “Guilt has not shifted. Society is possibly in the midst of that, perhaps driven by the societal understanding resulting from the revelation of your case.”

The prosecutor said Dogan’s claims of blamelessness showed how rape culture was still common in society as part of “outdated” forms of “male domination”. He said: “Now we must change rape culture to a culture of consent.”

The prosecutor told Dogan: “For as much as you reject it, it’s not just a individual, it’s an complete disturbing cultural framework that you are endorsing.”

Personal History

The accused was originated from Turkey and at the age of five relocated to France, where his parent worked as a caretaker. The court heard that his father was violent and that the defendant began consuming marijuana aged 10. When he was 17 he was caught by police for dealing drugs and his father kicked him out the residence. He was incarcerated in prison for drug dealing in his early 20s and had worked as a laborer but had faced periods of living on the streets.

He was married and had a child with Down’s syndrome, who he was the primary guardian for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had repeated extramarital activities beyond their union. His defence said this was his strategy for managing with his difficult circumstances. Dogan had told a evaluator that once a year he engaged in transactional encounters on his special day. His legal representatives informed the court he had joint inflammation resulting from the anxiety of the first trial.