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A man was declared guilty on appeal of raping Gisele Pelicot following she was drugged unconscious by her husband – and received his prison sentence increased to 10 years.

Retrial Proceedings

The defendant, 44, an unemployed builder, who had challenged his first conviction last year, underwent a retrial this week at the appeals court in Nîmes.

A panel of four women and five men, joined by three judges, found Dogan guilty on Thursday of raping the victim in her bedroom in southern France in the morning of 29 June 2019.

The evidence showed that Dogan, a married father, connected with Gisèle Pelicot’s then husband, the husband, in an internet forum called “without her knowledge”, where Pelicot was seeking men to visit his house to rape his wife once he had rendered her unconscious into a deep sleep.

We trust the jury will affirm that in this society, fundamental rights are also women’s rights – that permission is individual, not delegated,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Permission is obtained personally and not through someone else from a spouse.”

Background

The husband, among the most severe sexual predators in recent French history, was sentenced to twenty years in prison last year for sedating his spouse and bringing in multiple perpetrators to rape her in her home in the community of the village of Mazan over a duration of nearly ten years of their marriage.

Dozens of additional defendants were found culpable in a high-profile trial last year, and Dogan was the single defendant to challenge his verdict. He was first handed a term to 9 years in prison, a punishment raised on Thursday to a decade.

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

Testimony and Proof

The defendant had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in the region to assault the victim, after telling his wife he was leaving, the evidence indicated.

Pelicot, who was brought from solitary confinement in prison to temporarily testify at the appeal trial, stated to the court that the accused had been aware his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious without her consent.”

The trial became a key topic for a wider discussion on rape culture in society as the defendant continued to assert he was innocent and had not committed rape, contending that because the victim's husband had welcomed him into the residence, his behavior had been acceptable.

The panel in the higher court was presented with visual proof of Gisèle Pelicot’s unconscious figure, sedated and breathing heavily in a deep sleep, while a grinning Dogan performed assault repeatedly over a period of what police said was three and a half hours. The court official said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was no doubt that she had been unaware and had not given permission.

Defendant's Statements

Dogan informed the court the footage were simply “sexual encounters” and disputed it was assault. He said what he did was “a sexual act”, not rape. He stated the court: “I am innocent of assault.” He said the victim's husband had allowed him to the house, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan stated to the court. “I proceeded because he reassured me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I had no desire to injure that lady.”

Pelicot's Words

The survivor, who was cheered upon leaving court each day by supporters present to back her, addressed the defendant in court: “You haven’t understood. When will you admit you raped me? It is illegal to assault an unconscious woman. How could I have give you consent? Never.”

Gisèle Pelicot, 72, became an global icon after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, speaking to the victim in court, said the defendant's failure to take accountability showed that: “Guilt has not shifted. Society is possibly in the process of that, possibly propelled by the societal understanding resulting from the revelation of your situation.”

Sie said the defendant's claims of innocence showed how societal tolerance was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

The prosecutor addressed the defendant: “While you refuse to admit it, it’s not just a person, it’s an whole disturbing social system that you are endorsing.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of 5 came to France, where his father worked as a building manager. The court heard that his father was aggressive and that the defendant began using drugs at the age of ten. When Dogan was seventeen he was apprehended by authorities for dealing drugs and his father kicked him out the family house. He served time in prison for drug dealing in his young adulthood and had worked as a laborer but had experienced periods of living on the streets.

He was wed and had a son 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 sexual encounters outside their marriage. His defence said this was his way of coping with his stressful life. Dogan had stated to a mental health expert that each year he sought paid sex on his birthday. His legal representatives informed the court he had joint inflammation resulting from the stress of the initial proceedings.