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A defendant was convicted on appeal of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her then-husband – and has had his jail term raised to a decade.

Appeal Trial

Dogan, forty-four, an out-of-work construction worker, who had challenged his first conviction last year, faced a retrial this week at the appeals court in Nîmes.

A jury of nine jurors, accompanied by three judges, found Dogan guilty on Thursday of raping Pelicot in her bedroom in southern France in the early hours of 29 June 2019.

The court heard that Dogan, a family man, made contact with the victim's then husband, Dominique Pelicot, in an internet forum titled “without her consent”, where Pelicot was looking for men to come to his home to rape his wife once he had rendered her unconscious into a deep sleep.

We expect the panel will declare that in this society, human rights are also rights of women – that consent is individual, not given by another,” declared the victim's lawyer, her legal representative. “Consent is secured personally and not by proxy from a spouse.”

Case History

The husband, a notorious sex offenders in France's contemporary records, was given a prison term to 20 years in prison last year for drugging his wife at the time and bringing in numerous individuals to rape her in her home in the community of Mazan over a period of almost a decade of their marriage.

Numerous other individuals were found convicted in a high-profile trial last year, and the appellant was the single defendant to challenge his sentence. He was first given a sentence to nine years in prison, a penalty raised on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had contended he should serve twelve years, because he “completely denies to take any responsibility”.

Courtroom Details

Dogan had initially sent the husband inappropriate pictures and then traveled an hour from his residence in Provence to rape the victim, after notifying his wife he was leaving, the testimony revealed.

Pelicot, who was transported from segregation in prison to briefly give evidence at the retrial, informed the court that the accused had understood his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep without her consent.”

The courtroom became a key topic for a broader debate on sexual violence norms in society as the defendant continued to say he was innocent and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had allowed him into the residence, his actions had been justifiable.

The jury in the Nîmes appeals court was displayed video evidence of the victim's unresponsive form, comatose and snoring in a unconscious condition, while a smiling the perpetrator performed assault multiple times over a duration of what authorities reported was three and a half hours. The presiding judge said she had been at danger of fatal outcome by asphyxiation. The prosecution said there was no question that she had been unconscious 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 “an intimate behavior”, not rape. He stated the court: “I did not commit rape.” He said the victim's husband had allowed him to the home, and therefore it was permissible. He said he was manipulated by the husband. “I attempted to cease,” the accused stated to the court. “I continued because he convinced me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to harm that woman.”

Victim's Response

The victim, who was cheered upon departing the trial each day by crowds gathered to stand with her, addressed Dogan in court: “You haven’t understood. When will you acknowledge you raped me? It’s a crime to rape an incapacitated woman. At what point did I give you permission? At no time.”

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

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “Shame has not yet changed sides. Society is possibly in the course of that, maybe propelled by the societal understanding brought by the exposure of your situation.”

The prosecutor said the defendant's claims of non-guilt showed how rape culture was still widespread in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

The prosecutor said to Dogan: “While you deny it, it’s not just a individual, it’s an entire disturbing social system that you are upholding.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of five moved to France, where his father worked as a caretaker. The testimony revealed that his father was aggressive and that the defendant began smoking cannabis aged 10. When he was 17 he was apprehended by authorities for drug trafficking and his parent forced him to leave the family house. He was incarcerated in prison for drug dealing in his early 20s and had worked as a construction worker but had undergone periods of homelessness.

He was married and had a child with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a school canteen. The evidence showed his spouse did not know he had repeated intimate relations outside their union. His legal team said this was his strategy for managing with his challenging existence. Dogan had stated to a evaluator that each year he looked for paid sex on his birthday. His legal representatives informed the court he had arthritis resulting from the stress of the initial proceedings.