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A man was declared guilty on retrial of raping Gisèle Pelicot after she was drugged unconscious by her husband – and has had his prison sentence increased to ten years.

Higher Court Case

The defendant, forty-four, an out-of-work construction worker, who had contested his first conviction last year, faced a new trial this week at the Nîmes court of appeal.

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

The court heard that Dogan, a family man, reached out to Gisèle Pelicot’s spouse, the husband, in an internet forum titled “without her knowledge”, where the husband was recruiting men to come to his home to rape his wife after he had sedated her into a comatose state.

We expect the panel will declare that in this country, human rights are also women’s rights – that consent is individual, not given by another,” stated Gisèle Pelicot’s lawyer, her legal representative. “Consent is secured personally and not via a representative from a husband.”

Background

The ex-husband, a notorious sexual predators in recent French history, was handed a sentence to twenty years in prison last year for drugging his wife at the time and inviting dozens of men to rape her in her home in the community of the village of Mazan over a period of nearly ten years of their marriage.

Fifty other men were found culpable in a notable trial last year, and Dogan was the only man to appeal against his sentence. He was first given a sentence to nine years in prison, a penalty increased on Thursday to 10 years.

The state's attorney, the prosecutor, had contended he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

The defendant had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his village in Provence to assault the victim, after telling his wife he was leaving, the testimony revealed.

The ex-husband, who was transported from segregation 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 want someone to assault my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a central issue for a broader debate on societal attitudes in society as Dogan continued to say he was blameless and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his conduct had been justifiable.

The panel in the Nîmes appeals court was shown video evidence of the victim's unconscious figure, unconscious and breathing heavily in a deep sleep, while a grinning the perpetrator committed rape on several occasions over a timeframe of what police said was three and a half hours. The presiding judge said she had been at risk of death by suffocation. The prosecution said there was absolute certainty that she had been unaware and had not agreed.

Defendant's Statements

Dogan told the court the footage were simply “sexual encounters” and denied it was assault. He said what he did was “a sexual act”, not rape. He told the court: “I am innocent of assault.” He said the victim's husband had brought him to the residence, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I attempted to cease,” Dogan told the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I did not intend to hurt that lady.”

Survivor's Statement

The victim, who was cheered upon departing the trial each day by supporters present to support her, told Dogan in court: “You fail to comprehend. When will you acknowledge you violated me? It is unlawful to rape an unaware woman. How could I have give you agreement? At no time.”

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

Prosecutor's Remarks

The prosecutor, addressing the victim in court, said Dogan’s unwillingness to take accountability showed that: “Guilt has not shifted. The public is perhaps in the process of that, maybe propelled by the public consciousness resulting from the publication of your case.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a culture of consent.”

Sie addressed Dogan: “While you reject it, it’s not just a individual, it’s an entire disturbing societal structure that you are supporting.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of 5 relocated to France, where his parent worked as a caretaker. The testimony revealed that his parent was violent and that Dogan began smoking cannabis aged 10. When Dogan was seventeen he was stopped by authorities for drug trafficking and his father forced him to leave of home. He was incarcerated 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 married and had a son with special needs, who he was the primary guardian for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had frequent sexual encounters outside their union. His defence said this was his way of coping with his challenging existence. Dogan had informed a evaluator that annually he engaged in paid sex on his special day. His legal representatives stated to the court he had a medical condition caused by the pressure of the original case.