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A man has been found guilty on appeal of raping Gisèle Pelicot following she was drugged unconscious by her then-husband – and received his prison sentence increased to 10 years.

Appeal Trial

The defendant, forty-four, an unemployed builder, who had appealed his first conviction last year, faced a new trial this week at the appeals court in Nîmes.

A panel of nine jurors, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her home in southern France in the morning of June 29, 2019.

The evidence showed that the accused, a family man, made contact with the victim's then husband, Dominique Pelicot, in an digital platform titled “without her consent”, where the husband was seeking men to enter his residence to assault his wife after he had sedated her into a unconscious state.

We expect the jury will affirm that in this country, fundamental rights are also rights of women – that agreement is personal, not delegated,” declared the victim's lawyer, Antoine Camus. “Permission is received directly and not through someone else from a husband.”

Background

Dominique Pelicot, a notorious sexual predators in modern French history, was sentenced to 20 years in prison last year for sedating his then wife and soliciting dozens of men to sexually assault her in her home in the community of Mazan over a duration of almost a decade of their union.

Numerous other individuals were found culpable in a widely publicized trial last year, and Dogan was the only man to appeal against his verdict. He was originally sentenced to nine years in prison, a punishment increased on Thursday to a decade.

The state's attorney, Dominique Sie, had contended he should serve twelve years, because he “completely denies to take any responsibility”.

Courtroom Details

The defendant had initially sent the husband graphic images and then driven an hour from his residence in Provence to assault the victim, after informing his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from segregation in prison to temporarily give evidence at the retrial, told the court that Dogan had understood his wife had been “sedated” and he said to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The proceedings became a key topic for a wider discussion on rape culture 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 bedroom, his behavior had been permissible.

The jury in the Nîmes appeals court was shown visual proof of Gisèle Pelicot’s unresponsive form, comatose and breathing heavily in a deep sleep, while a smiling Dogan performed assault on several occasions over a period of what investigators stated was 3.5 hours. The presiding judge said she had been at risk of fatal outcome by suffocation. The state's case said there was no question that she had been unaware and had not given permission.

Dogan's Claims

Dogan stated to the court the recordings were simply “sexual encounters” and rejected it was violation. He said what he did was “a consensual activity”, not assault. He told the court: “I am innocent of assault.” He said the victim's husband had brought him to the house, and therefore it was OK. He said he was influenced by the husband. “I wanted to stop,” the accused stated to the court. “I proceeded because he reassured me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to hurt that individual.”

Survivor's Statement

The survivor, who was cheered upon exiting the courtroom each day by onlookers present to support her, said to Dogan in court: “You do not grasp. When will you admit you violated me? It is illegal to assault an incapacitated woman. When did I ever give you consent? Never.”

The victim, 72, became an global icon after she relinquished her right to privacy in the trial last year when she said: “The shame should shift.”

State's Argument

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

Sie said the defendant's claims of non-guilt showed how societal tolerance was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor told Dogan: “While you refuse to admit it, it’s not just a person, it’s an entire unpleasant cultural framework that you are upholding.”

Biographical Details

The accused was born in the country of Turkey and at the age of 5 moved to France, where his father worked as a concierge. The court heard that his father was aggressive and that the defendant began using drugs at the age of 10. When Dogan was 17 he was caught by authorities for selling narcotics and his parent evicted him the residence. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a construction worker but had undergone periods of living on the streets.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had regular extramarital activities outside their union. His defence said this was his method of dealing with his stressful life. Dogan had stated to a evaluator that annually he engaged in transactional encounters on his special day. His legal representatives informed the court he had arthritis resulting from the pressure of the first trial.