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A man was convicted on appeal of sexually assaulting Gisele Pelicot following she was drugged unconscious by her spouse – and was given his prison sentence increased to 10 years.

Appeal Trial

The defendant, forty-four, an unemployed builder, who had contested his initial guilty verdict 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, convicted Dogan on Thursday of raping the victim in her bedroom in Provence in the morning of June 29, 2019.

The evidence showed that Dogan, a married father, connected with Gisèle Pelicot’s then husband, the husband, in an online chatroom called “without her knowledge”, where the husband was looking for men to come to his home to assault his wife after he had sedated her into a comatose state.

We trust the jury will affirm that in this country, fundamental rights are also women’s rights – that consent is individual, not given by another,” said the victim's lawyer, Antoine Camus. “Agreement is secured personally and not through someone else from a spouse.”

Background

The husband, among the most severe sexual predators in recent French history, was handed a sentence to 20 years in prison last year for sedating his then wife and inviting dozens of men to rape her in her home in the community of Mazan over a duration of nearly ten years of their union.

Fifty other men were found convicted in a high-profile trial last year, and Dogan was the single defendant to contest his conviction. He was originally given a sentence to 9 years in prison, a punishment increased on Thursday to ten years.

The chief prosecutor, Dominique Sie, had argued he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Evidence Presented

The defendant had first sent the husband sexually explicit photos and then traveled an hour from his residence in Provence to assault the victim, after informing his wife he was going out, the court heard.

Pelicot, who was brought from solitary confinement in prison to temporarily provide testimony at the hearing, told the court that Dogan had been aware his wife had been “drugged” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a central issue for a wider discussion on rape culture in society as Dogan continued to assert he was not guilty and had not engaged in violation, stating that because the victim's husband had invited him into the room, his actions had been permissible.

The jury in the higher court was shown recorded footage of the victim's unconscious figure, unconscious and snoring in a unconscious condition, while a smiling Dogan engaged in violation multiple times over a period of what police said was 3.5 hours. The court official said she had been at danger of fatal outcome by choking. The state's case said there was absolute certainty that she had been incapacitated and had not agreed.

Defendant's Statements

Dogan told the court the videos were simply “intimate moments” and disputed it was rape. He said what he did was “a consensual activity”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused informed the court. “I carried on because he persuaded me.”

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

Survivor's Statement

The survivor, who was applauded upon exiting the courtroom each day by crowds present to back her, told Dogan in court: “You haven’t understood. When will you admit you raped me? It is unlawful to rape an unconscious woman. At what point did I give you consent? At no time.”

Gisèle Pelicot, 72, became an symbol of resistance after she relinquished her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, turning to the victim in court, said the defendant's refusal to take responsibility showed that: “Shame has not yet changed sides. The public is perhaps in the process of that, possibly motivated by the public consciousness spurred by the revelation of your situation.”

Sie said Dogan’s claims of innocence showed how societal tolerance was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “We need to change rape culture to a society based on agreement.”

The prosecutor said to Dogan: “While you deny it, it’s not just a individual, it’s an entire unpleasant societal structure that you are endorsing.”

Personal History

The accused was originated from the country of Turkey and at the age of 5 relocated to France, where his parent worked as a caretaker. The evidence indicated that his father was violent and that the defendant began consuming marijuana at the age of ten. When Dogan was 17 he was caught by police for dealing drugs and his father evicted him the family house. He spent time in prison for narcotics offenses in his twenties and had worked as a laborer but had experienced periods of homelessness.

He was wed and had a son with a genetic condition, who he was the principal carer for, as his spouse worked in a school canteen. The evidence showed his spouse did not know he had repeated extramarital activities outside their union. His defence said this was his way of coping with his challenging existence. Dogan had told a evaluator that each year he engaged in paid sex on his special day. His attorneys stated to the court he had a medical condition resulting from the anxiety of the first trial.