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A man has been found guilty on appeal of raping Gisele Pelicot following she was sedated by her husband – and received his incarceration period increased to 10 years.

Higher Court Case

The defendant, 44, an unemployed builder, who had contested his first conviction last year, experienced a retrial 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 southern France in the morning of 29 June 2019.

The court heard that Dogan, a married father, made contact with Gisèle Pelicot’s husband at the time, the husband, in an digital platform called “without her knowledge”, where Pelicot was looking for men to visit his house to rape his wife once he had sedated her into a unconscious state.

“We hope the court will affirm that in this country, fundamental rights are also women’s rights – that permission is individual, not delegated,” said the victim's attorney, Antoine Camus. “Agreement is received personally and not through someone else from a spouse.”

Background

The ex-husband, among the most severe sexual predators in recent French history, was handed a sentence to two decades in prison last year for drugging his then wife and bringing in dozens of men to rape her in her home in the Provence village of Mazan over a period of almost a decade of their union.

Fifty other men were found convicted in a widely publicized trial last year, and Dogan was the only man to contest his verdict. He was originally handed a term 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”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in the region to assault the victim, after notifying his wife he was stepping out, the testimony revealed.

The ex-husband, who was brought from isolation in prison to temporarily testify at the retrial, told the court that the accused had known 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 unbeknownst to her.”

The courtroom became a key topic for a broader debate on rape culture in society as Dogan continued to say he was innocent and had not engaged in violation, contending that because the victim's husband had allowed him into the residence, his actions had been justifiable.

The jury in the higher court was presented with visual proof of the victim's limp body, sedated and snoring in a unconscious condition, while a smiling Dogan committed rape on several occasions over a period of what investigators stated was three and a half hours. The judge said she had been at danger of death by suffocation. The prosecution said there was absolute certainty that she had been unaware and had not consented.

Dogan's Claims

Dogan stated to the court the recordings were simply “sexual encounters” and disputed it was violation. He said what he did was “a consensual activity”, not assault. He stated the court: “I did not commit rape.” He said the victim's husband had allowed him to the house, and therefore it was acceptable. He said he was manipulated by the husband. “I wanted to stop,” the accused stated to the court. “I continued because he convinced me.”

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

Pelicot's Words

The victim, who was cheered upon departing the trial each day by onlookers assembled to support her, said to Dogan in court: “You haven’t understood. When are you going to recognise you assaulted me? It is illegal to rape an unconscious woman. At what point did I give you consent? At no time.”

The victim, 72, became an global icon after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, speaking to Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “The shame remains. The public is maybe in the course of that, possibly propelled by the societal understanding spurred by the exposure of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a society based on agreement.”

Sie told Dogan: “As long as you reject it, it’s not just a person, it’s an entire disturbing social system that you are endorsing.”

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 caretaker. The testimony revealed that his parent was violent and that the defendant began using drugs aged 10. When he was 17 he was stopped by police for dealing drugs and his parent forced him to leave the residence. He was incarcerated in prison for drug dealing in his twenties and had worked as a construction worker but had undergone periods of homelessness.

He was married and had a child with Down’s syndrome, who he was the main caregiver for, as his wife worked in a institution's dining hall. The evidence showed his spouse did not know he had frequent sexual encounters beyond their marriage. His legal team said this was his method of dealing with his challenging existence. 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 arthritis triggered by the stress of the original case.