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A man was declared guilty on retrial of raping Gisele Pelicot following she was sedated by her spouse – and has had his jail term extended to ten years.

Appeal Trial

Dogan, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, experienced a appeal hearing this week at the higher court in Nîmes.

A jury of five men and four women, joined by three judges, ruled against Dogan on Thursday of raping Pelicot in her residence in Provence in the morning of 29 June 2019.

The court heard that the accused, a married father, reached out to Gisèle Pelicot’s husband at the time, the husband, in an digital platform named “without her consent”, where the husband was looking for men to enter his residence to rape his wife after he had sedated her into a comatose state.

We trust the panel will affirm that in this nation, human rights are also women’s rights – that consent is personal, not delegated,” said the victim's attorney, Antoine Camus. “Permission is received directly and not via a representative from a husband.”

Case History

The ex-husband, a notorious sex offenders in modern French history, was handed a sentence to two decades in prison last year for incapacitating his spouse and bringing in multiple perpetrators to rape her in her home in the community of Mazan over a span of many years of their marriage.

Fifty other men were found convicted in a notable trial last year, and the appellant was the only man to contest his verdict. He was initially given a sentence to nine years in prison, a punishment raised on Thursday to ten years.

The chief prosecutor, the prosecutor, had argued he should serve twelve years, because he “completely denies to take any blame”.

Evidence Presented

The defendant had initially sent the husband sexually explicit photos and then driven an hour from his town in Provence to rape the victim, after notifying his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from solitary confinement in prison to temporarily give evidence at the appeal trial, told the court that the accused had understood his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep without her knowledge.”

The courtroom became a focus point for a larger conversation on sexual violence norms in society as the defendant continued to assert he was blameless and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had invited him into the room, his behavior had been justifiable.

The panel in the higher court was shown recorded footage of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a comatose state, while a smiling the perpetrator performed assault on several occasions over a timeframe of what authorities reported was several hours. The court official said she had been at peril of death by suffocation. The state prosecution said there was absolute certainty that she had been unaware and had not given permission.

Dogan's Claims

The defendant told the court the footage were simply “intimate moments” and disputed it was violation. He said what he did was “a sexual act”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was acceptable. He said he was deceived by the husband. “I attempted to cease,” the accused told the court. “I continued because he convinced me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I did not intend to harm that individual.”

Survivor's Statement

The survivor, who was cheered upon leaving court each day by supporters gathered to back her, told the defendant in court: “You haven’t understood. When will you acknowledge you raped me? It’s a crime to assault an incapacitated woman. At what point did I give you agreement? Never.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said Dogan’s unwillingness to take responsibility showed that: “Shame has not yet changed sides. The public is maybe in the course of that, maybe propelled by the collective awareness spurred by the publication of your situation.”

Sie said Dogan’s claims of non-guilt showed how rape culture was still common in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

Sie said to Dogan: “As long as you refuse to admit it, it’s not just a woman, it’s an complete unpleasant social system that you are upholding.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of 5 relocated to the nation of France, where his father worked as a concierge. The court heard that his parent was aggressive and that Dogan began using drugs at the age of 10. When Dogan was seventeen he was apprehended by authorities for selling narcotics and his father kicked him out the residence. He spent time in prison for narcotics offenses in his early 20s and had worked as a laborer but had faced periods of homelessness.

He was married and had a son with special needs, who he was the primary guardian for, as his wife worked in a school canteen. The court heard his wife did not know he had frequent intimate relations outside their marriage. His defence said this was his method of dealing with his difficult circumstances. The defendant had stated to a evaluator that each year he sought commercial sex on his birthday. His attorneys told the court he had joint inflammation triggered by the pressure of the initial proceedings.