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A defendant was convicted on appeal of raping Gisèle Pelicot after she was drugged unconscious by her then-husband – and was given his prison sentence extended to a decade.

Retrial Proceedings

The defendant, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, faced a appeal hearing this week at the Nîmes court of appeal.

A panel of nine jurors, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her residence in the south of France in the early hours of June 29, 2019.

The testimony revealed that the accused, a married father, connected with Gisèle Pelicot’s then husband, the husband, in an online chatroom named “without her consent”, where the husband was recruiting men to come to his home to rape his wife once he had drugged her into a deep sleep.

We expect the panel will say loud and clear that in this nation, fundamental rights are also rights of women – that consent is individual, not delegated,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is obtained personally and not via a representative from a husband.”

Case History

The ex-husband, a notorious sex offenders in recent French history, was handed a sentence to twenty years in prison last year for incapacitating his wife at the time and inviting numerous individuals to rape her in her home in the town of the village of Mazan over a period of almost a decade of their union.

Dozens of additional defendants were found guilty in a high-profile trial last year, and the appellant was the sole individual to challenge his conviction. He was initially sentenced to nine years in prison, a penalty raised on Thursday to a decade.

The lead state prosecutor, the prosecutor, had contended he should serve 12 years, because he “completely denies to take any responsibility”.

Testimony and Proof

Dogan had first sent the husband sexually explicit photos and then driven an hour from his town in Provence to rape Gisèle Pelicot, after informing his wife he was stepping out, the testimony revealed.

Pelicot, who was transported from segregation in prison to briefly testify at the appeal trial, told the court that Dogan had known his wife had been “sedated” and he communicated to men by phone: “I seek someone to assault my wife after I’ve put her to sleep without her knowledge.”

The trial became a central issue for a broader debate on sexual violence norms in society as Dogan continued to say he was blameless and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had allowed him into the room, his behavior had been acceptable.

The jury in the Nîmes appeals court was displayed visual proof of Gisèle Pelicot’s limp body, sedated and breathing heavily in a deep sleep, while a grinning Dogan engaged in violation repeatedly over a timeframe of what authorities reported was 3.5 hours. The court official said she had been at danger of death by choking. The state's case said there was no doubt that she had been unaware and had not consented.

Dogan's Claims

The defendant informed the court the footage were simply “intimate moments” and denied it was rape. He said what he did was “an intimate behavior”, not assault. He stated the court: “I never raped.” He said the victim's husband had invited him to the house, and therefore it was permissible. He said he was influenced by the husband. “I tried to halt,” the accused told the court. “I carried on because he persuaded me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I had no desire to injure that individual.”

Pelicot's Words

Gisèle Pelicot, who was cheered upon leaving court each day by supporters gathered to back her, said to the defendant in court: “You fail to comprehend. When are you going to recognise you raped me? It is unlawful to rape an unconscious woman. How could I have give you agreement? Never.”

The victim, 72, became an international feminist hero after she relinquished her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take blame showed that: “Shame has not yet changed sides. The public is maybe in the process of that, possibly motivated by the societal understanding resulting from the publication of your situation.”

The prosecutor said the defendant's claims of non-guilt showed how societal tolerance was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “We need to change rape culture to a culture of consent.”

The prosecutor told the defendant: “While you reject it, it’s not just a woman, it’s an complete unpleasant cultural framework that you are upholding.”

Defendant's Background

The accused was born in the country of Turkey and at the age of five relocated to France, where his father worked as a concierge. The evidence indicated that his parent was abusive and that Dogan began smoking cannabis aged 10. When Dogan was 17 he was stopped by authorities for dealing drugs and his parent evicted him of home. He was incarcerated in prison for trafficking in his early 20s and had worked as a laborer but had faced periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the principal carer for, as his spouse worked in a educational cafeteria. The testimony revealed his wife did not know he had frequent sexual encounters outside their union. His defence said this was his way of coping with his stressful life. Dogan had stated to a evaluator that once a year he sought commercial sex on his special day. His legal representatives stated to the court he had arthritis triggered by the anxiety of the initial proceedings.