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A man was convicted on higher court review of raping Gisèle Pelicot after she was sedated by her husband – and was given his incarceration period raised to 10 years.

Retrial Proceedings

Dogan, 44, an out-of-work construction worker, who had appealed his first conviction last year, faced a new trial this week at the higher court in Nîmes.

A panel of five men and four women, joined by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her home in Provence in the morning of June 29, 2019.

The testimony revealed that the accused, a married father, made contact with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an internet forum named “unbeknownst to her”, where Pelicot was looking for men to enter his residence to assault his wife after he had sedated her into a comatose state.

We trust the court will say loud and clear that in this nation, human rights are also women’s rights – that consent is personal, not delegated,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is secured directly and not through someone else from a spouse.”

Background

The husband, a notorious sexual predators in modern French history, was handed a sentence to twenty years in prison last year for drugging his then wife and inviting dozens of men to sexually assault her in her home in the town of Mazan over a duration of many years of their union.

Numerous other individuals were found guilty in a widely publicized trial last year, and Dogan was the single defendant to appeal against his conviction. He was initially given a sentence to 9 years in prison, a punishment increased on Thursday to 10 years.

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

Courtroom Details

The defendant had initially sent Dominique Pelicot graphic images and then traveled an hour from his residence in Provence to rape Gisèle Pelicot, after informing his wife he was leaving, the evidence indicated.

The ex-husband, who was brought from solitary confinement in prison to briefly give evidence at the appeal trial, stated to the court that the accused had known his wife had been “drugged” and he told to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a key topic for a wider discussion on rape culture in society as Dogan continued to claim he was not guilty and had not committed rape, contending that because Gisèle Pelicot’s husband had invited him into the bedroom, his actions had been justifiable.

The panel in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s unresponsive form, unconscious and snoring in a deep sleep, while a smiling the perpetrator committed rape on several occasions over a period of what investigators stated was several hours. The presiding judge said she had been at danger of death by choking. The state's case said there was no doubt that she had been incapacitated and had not given permission.

Accused's Testimony

The defendant stated to the court the recordings were simply “sexual encounters” and disputed it was assault. He said what he did was “a consensual activity”, not assault. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I attempted to cease,” Dogan stated to the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I did not intend to injure that individual.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by onlookers present to stand with her, said to the defendant in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is illegal to assault an unaware 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 confidentiality in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, addressing Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “Shame has not yet changed sides. Society is possibly in the process of that, maybe propelled by the societal understanding spurred by the publication of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance was still prevalent 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 told Dogan: “While you refuse to admit it, it’s not just a woman, it’s an entire unpleasant cultural framework that you are supporting.”

Biographical Details

Dogan was born in the country of Turkey and at the age of five came to the nation of France, where his parent worked as a concierge. The testimony revealed that his father was violent and that Dogan began smoking cannabis at the age of 10. When Dogan was 17 he was stopped by authorities for selling narcotics and his parent forced him to leave of home. He was incarcerated in prison for drug dealing in his early 20s and had worked as a construction worker but had faced periods of being unhoused.

He was married and had a son with special needs, who he was the principal carer for, as his spouse worked in a institution's dining hall. The evidence showed his spouse did not know he had frequent sexual encounters beyond their union. His legal team said this was his way of coping with his stressful life. Dogan had stated to a court psychologist that each year he engaged in paid sex on his birthday. His legal representatives stated to the court he had joint inflammation triggered by the anxiety of the original case.