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A defendant was convicted on retrial of raping Gisèle Pelicot following she was drugged unconscious by her husband – and has had his jail term extended to ten years.

Retrial Proceedings

Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, faced a new trial this week at the appeals court in Nîmes.

A jury of five men and four women, sitting with three judges, convicted Dogan on Thursday of raping the victim in her home in Provence in the morning of 29 June 2019.

The evidence showed that Dogan, a family man, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum called “without her knowledge”, where Pelicot was looking for men to visit his house to rape his wife once he had drugged her into a comatose state.

“We hope the court will affirm that in this nation, human rights are also women’s rights – that permission is personal, not delegated,” declared the victim's lawyer, her legal representative. “Agreement is received personally and not by proxy from a spouse.”

Context

The ex-husband, a notorious sexual predators in modern French history, was handed a sentence to two decades in prison last year for drugging his then wife and soliciting numerous individuals to sexually assault her in her home in the Provence village of the village of Mazan over a duration of many years of their union.

Fifty other men were found culpable in a high-profile trial last year, and the appellant was the only man to challenge his sentence. He was first sentenced to 9 years in prison, a punishment increased on Thursday to ten years.

The chief prosecutor, the prosecutor, had stated he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Courtroom Details

Dogan had first sent the husband inappropriate pictures and then traveled an hour from his village in the region to rape the victim, after notifying his wife he was stepping out, the testimony revealed.

The ex-husband, who was transported from isolation in prison to temporarily 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 want someone to violate my wife after I’ve put her to sleep without her knowledge.”

The courtroom became a focus point for a broader debate on sexual violence norms in society as Dogan continued to claim he was not guilty and had not perpetrated assault, contending that because the victim's husband had welcomed him into the residence, his actions had been acceptable.

The jury in the higher court was shown visual proof of the victim's unconscious figure, unconscious and snoring in a deep sleep, while a smiling Dogan performed assault multiple times over a period of what authorities reported was several hours. The presiding judge said she had been at danger of death by choking. The state prosecution said there was no question that she had been unaware and had not given permission.

Defendant's Statements

The defendant informed the court the videos were simply “sex scenes” and disputed it was rape. He said what he did was “a sexual act”, not rape. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was permissible. He said he was deceived by the husband. “I wanted to stop,” the accused stated to the court. “I proceeded because he persuaded me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I did not intend to harm that lady.”

Victim's Response

Gisèle Pelicot, who was cheered upon leaving court each day by onlookers present to back her, said to Dogan in court: “You fail to comprehend. When will you admit you assaulted me? It’s a crime to rape an unconscious woman. How could I have give you permission? Never.”

Gisèle Pelicot, seventy-two, became an global icon after she waived her right to anonymity in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s unwillingness to take blame showed that: “Guilt has not shifted. The community is perhaps in the course of that, perhaps driven by the public consciousness spurred by the revelation of your ordeal.”

Sie said Dogan’s claims of innocence showed how societal tolerance was still widespread in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change the culture of violence to a culture of consent.”

Sie addressed Dogan: “As long as you reject it, it’s not just a individual, it’s an entire sordid societal structure that you are endorsing.”

Defendant's Background

Dogan was born in Turkey and at the age of 5 moved to France, where his father worked as a caretaker. The court heard that his parent was violent and that the defendant began using drugs at the age of ten. When Dogan was seventeen he was stopped by authorities 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 laborer but had undergone periods of living on the streets.

He was wed and had a child with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had repeated extramarital activities outside their union. His defence said this was his way of coping with his difficult circumstances. The defendant had informed a mental health expert that each year he looked for transactional encounters on his special day. His lawyers informed the court he had a medical condition triggered by the anxiety of the first trial.