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An individual was convicted on higher court review of raping Gisele Pelicot following she was drugged unconscious by her husband – and has had his prison sentence raised to 10 years.

Retrial Proceedings

The defendant, 44, an unemployed builder, who had appealed his first conviction last year, faced a new trial this week at the higher court in Nîmes.

A jury of five men and four women, sitting with three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in the south of France in the early hours of June 29, 2019.

The testimony revealed that Dogan, a family man, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an internet forum called “unbeknownst to her”, where Pelicot was recruiting men to visit his house to assault his wife after he had sedated her into a unconscious state.

We trust the court will declare that in this society, fundamental rights are also women’s rights – that permission is personal, not delegated,” said the victim's attorney, Antoine Camus. “Agreement is obtained personally and not through someone else from a spouse.”

Case History

The husband, a notorious sexual predators in modern French history, was given a prison term to 20 years in prison last year for incapacitating his wife at the time and bringing in multiple perpetrators to sexually assault her in her home in the town of Mazan over a span of many years of their union.

Fifty other men were found guilty in a widely publicized trial last year, and Dogan was the only man to appeal against his conviction. He was originally sentenced to nine years in prison, a sentence increased on Thursday to a decade.

The state's attorney, the prosecutor, had stated he should serve twelve years, because he “absolutely refuses to take any blame”.

Testimony and Proof

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

Pelicot, who was transported from segregation in prison to temporarily give evidence at the hearing, stated to the court that the accused had been aware his wife had been “sedated” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her unbeknownst to her.”

The proceedings became a focus point for a wider discussion on rape culture in society as Dogan continued to assert he was not guilty and had not committed rape, stating that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his behavior had been permissible.

The jury in the higher court was presented with recorded footage of Gisèle Pelicot’s unconscious figure, comatose and snoring in a comatose state, while a grinning the perpetrator engaged in violation repeatedly over a timeframe of what investigators stated was several hours. The presiding judge said she had been at danger of fatal outcome by asphyxiation. The prosecution said there was no doubt that she had been unaware and had not consented.

Accused's Testimony

Dogan informed the court the recordings were simply “intimate moments” and denied it was violation. He said what he did was “a consensual activity”, not rape. He stated the court: “I never raped.” He said the victim's husband had invited him to the home, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I continued because he reassured me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I had no desire to hurt that individual.”

Pelicot's Words

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

The victim, seventy-two, became an international feminist hero after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's unwillingness to take responsibility showed that: “Guilt has not shifted. The public is perhaps in the midst of that, maybe driven by the public consciousness resulting from the revelation of your ordeal.”

The prosecutor said the defendant's claims of innocence showed how rape culture was still common in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change rape culture to a society based on agreement.”

The prosecutor said to Dogan: “While you refuse to admit it, it’s not just a woman, it’s an whole unpleasant cultural framework that you are supporting.”

Personal History

The accused was originated from Turkey and at the age of five moved to France, where his parent worked as a concierge. The testimony revealed that his father was abusive and that the defendant began smoking cannabis at the age of ten. When he was seventeen he was caught by police for drug trafficking and his parent evicted him the residence. He was incarcerated in prison for trafficking in his young adulthood and had worked as a laborer but had faced periods of living on the streets.

He was married and had a child with Down’s syndrome, who he was the primary guardian for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had regular intimate relations beyond their union. His defence said this was his way of coping with his difficult circumstances. Dogan had informed a mental health expert that each year he sought commercial sex on his special day. His legal representatives informed the court he had a medical condition resulting from the pressure of the first trial.