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A man was convicted on higher court review of raping Gisèle Pelicot after she was sedated by her then-husband – and was given his prison sentence increased to ten years.

Retrial Proceedings

Dogan, 44, an unemployed builder, who had appealed his initial guilty verdict last year, faced a new trial this week at the Nîmes court of appeal.

A jury of nine jurors, joined by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her bedroom in the south of France in the early hours of 29 June 2019.

The testimony revealed that the accused, a married father, reached out to the victim's husband at the time, the husband, in an internet forum called “without her knowledge”, where the husband was looking for men to enter his residence to rape his wife once he had drugged her into a comatose state.

“We hope the court will declare that in this nation, human rights are also rights of women – that agreement is personal, not given by another,” said the victim's attorney, her legal representative. “Agreement is secured personally and not by proxy from a husband.”

Context

Dominique Pelicot, among the most severe sex offenders in recent French history, was sentenced to two decades in prison last year for sedating his spouse and bringing in dozens of men to sexually assault her in her home in the community of the village of Mazan over a duration of many years of their marriage.

Numerous other individuals were found culpable in a widely publicized trial last year, and Dogan was the only man to contest his sentence. He was originally sentenced to nine years in prison, a penalty raised on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had contended he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Courtroom Details

Dogan had initially sent the husband sexually explicit photos and then driven an hour from his residence in the region to assault the victim, after telling his wife he was leaving, the evidence indicated.

Pelicot, who was transported from isolation in prison to briefly give evidence at the appeal trial, told the court that the accused had known his wife had been “drugged” and he said to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a focus point for a wider discussion on societal attitudes in society as the defendant continued to say he was not guilty and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his actions had been acceptable.

The panel in the higher court was shown recorded footage of the victim's unconscious figure, comatose and snoring in a deep sleep, while a grinning Dogan committed rape repeatedly over a duration of what police said was 3.5 hours. The judge said she had been at peril of death by choking. The prosecution said there was no question that she had been unaware and had not consented.

Accused's Testimony

The defendant told the court the videos were simply “sex scenes” and disputed it was violation. He said what he did was “a consensual activity”, not assault. He told the court: “I never raped.” He said the victim's husband had brought him to the home, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan stated to the court. “I proceeded because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to injure that woman.”

Survivor's Statement

The survivor, who was supported upon exiting the courtroom each day by supporters gathered to support her, addressed Dogan in court: “You haven’t understood. When will you admit you assaulted me? It is unlawful to assault an incapacitated woman. At what point did I give you permission? Not once.”

Gisèle Pelicot, 72, became an international feminist hero after she waived her right to anonymity in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, addressing the victim in court, said Dogan’s unwillingness to take blame showed that: “The shame remains. The public is maybe in the process of that, perhaps driven by the societal understanding brought by the publication of your ordeal.”

Sie said the defendant's claims of blamelessness showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “patriarchal control”. He said: “We need to change rape culture to a culture of consent.”

Sie told Dogan: “As long as you refuse to admit it, it’s not just a individual, it’s an complete disturbing cultural framework that you are supporting.”

Personal History

Dogan was originated from the country of Turkey and at the age of five moved to the nation of France, where his parent worked as a concierge. The evidence indicated that his father was abusive and that Dogan began using drugs aged ten. When Dogan was seventeen he was caught by police for selling narcotics and his parent forced him to leave of home. He served time in prison for trafficking in his early 20s and had worked as a builder but had faced periods of being unhoused.

He was wed and had a child with special needs, who he was the principal carer for, as his spouse worked in a school canteen. The court heard his wife did not know he had regular extramarital activities beyond their union. His defence said this was his strategy for managing with his difficult circumstances. The defendant had told a mental health expert that annually he looked for commercial sex on his special day. His lawyers stated to the court he had arthritis resulting from the stress of the original case.