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A man was declared guilty on appeal of raping Gisèle Pelicot after she was drugged unconscious by her spouse – and was given his jail term raised to 10 years.

Appeal Trial

Dogan, forty-four, an out-of-work construction worker, who had contested his initial guilty verdict last year, underwent a new trial this week at the Nîmes court of appeal.

A panel of nine jurors, sitting with three judges, ruled against Dogan on Thursday of raping Pelicot in her home in Provence in the early hours of June 29, 2019.

The court heard that the accused, a family man, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an online chatroom named “without her consent”, where Pelicot was recruiting men to come to his home to assault his wife once he had drugged her into a unconscious state.

We trust the court will declare that in this country, human rights are also rights of women – that permission is individual, not delegated,” said the victim's lawyer, her legal representative. “Permission is secured directly and not via a representative from a spouse.”

Context

Dominique Pelicot, among the most severe sex offenders in France's contemporary records, was handed a sentence to two decades in prison last year for drugging his wife at the time and soliciting multiple perpetrators to rape her in her home in the community of Mazan over a period of many years of their marriage.

Fifty other men were found convicted in a widely publicized trial last year, and Dogan was the only man to appeal against his verdict. He was originally given a sentence to 9 years in prison, a sentence raised on Thursday to ten years.

The chief prosecutor, Dominique Sie, had argued he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

The defendant had initially sent the husband sexually explicit photos and then traveled an hour from his village in Provence to rape Gisèle Pelicot, after notifying his wife he was leaving, the court heard.

Pelicot, who was brought from solitary confinement in prison to briefly provide testimony at the hearing, informed the court that the accused had understood his wife had been “drugged” and he said to men by phone: “I want someone to violate my wife after I’ve sedated her without her knowledge.”

The proceedings became a focus point for a larger conversation on rape culture in society as the defendant continued to claim he was not guilty and had not perpetrated assault, contending that because the victim's husband had allowed him into the residence, his conduct had been permissible.

The panel in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s limp body, comatose and snoring in a unconscious condition, while a grinning Dogan committed rape multiple times over a duration of what police said was 3.5 hours. The judge said she had been at peril of fatal outcome by asphyxiation. The state's case said there was no question that she had been unconscious and had not consented.

Defendant's Statements

The defendant stated to the court the footage were simply “sex scenes” and rejected it was violation. He said what he did was “an intimate behavior”, not rape. He declared the court: “I did not commit rape.” He said the victim's husband had brought him to the home, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused informed the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I did not intend to harm that woman.”

Victim's Response

Gisèle Pelicot, who was applauded upon departing the trial each day by crowds assembled to support her, addressed Dogan in court: “You fail to comprehend. When are you going to recognise you raped me? It is unlawful to assault an unaware woman. How could I have give you permission? At no time.”

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

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said the defendant's unwillingness to take responsibility showed that: “The shame remains. Society is possibly in the midst of that, possibly driven by the collective awareness spurred by the exposure of your case.”

The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor said to the defendant: “While you refuse to admit it, it’s not just a woman, it’s an complete disturbing societal structure that you are supporting.”

Biographical Details

The accused was born in the country of Turkey and at the age of 5 came to France, where his parent worked as a building manager. The court heard that his parent was violent and that the defendant began using drugs at the age of ten. When he was 17 he was caught by police for selling narcotics and his parent evicted him the family house. He was incarcerated in prison for narcotics offenses in his early 20s 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 principal carer for, as his wife worked in a educational cafeteria. The court heard his spouse did not know he had repeated intimate relations beyond their marriage. His defence said this was his way of coping with his difficult circumstances. Dogan had stated to a mental health expert that once a year he looked for paid sex on his special day. His legal representatives informed the court he had arthritis triggered by the stress of the initial proceedings.