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A man was declared guilty on higher court review of sexually assaulting Gisèle Pelicot after she was sedated by her spouse – and was given his incarceration period extended to 10 years.

Retrial Proceedings

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

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

The evidence showed that the accused, a married father, made contact with the victim's then husband, the husband, in an internet forum called “without her knowledge”, where the husband was looking for men to enter his residence to assault his wife once he had drugged her into a comatose state.

We trust the jury will say loud and clear that in this country, human rights are also women’s rights – that consent is personal, not delegated,” said the victim's lawyer, her legal representative. “Agreement is received personally and not through someone else from a spouse.”

Context

The husband, among the most severe sex offenders in France's contemporary records, was given a prison term to twenty years in prison last year for drugging his then wife and inviting dozens of men to rape her in her home in the town of the village of Mazan over a period of almost a decade of their marriage.

Fifty other men were found guilty in a notable trial last year, and the appellant was the only man to appeal against his verdict. He was initially sentenced to nine years in prison, a sentence enhanced on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had contended he should serve twelve years, because he “completely denies to take any responsibility”.

Courtroom Details

Dogan had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his town in the region to rape the victim, after informing his wife he was stepping out, the testimony revealed.

The ex-husband, who was transported from solitary confinement in prison to briefly provide testimony at the hearing, stated to the court that Dogan had known his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a focus point for a broader debate on rape culture in society as the defendant continued to assert he was blameless and had not perpetrated assault, contending that because the victim's husband had invited him into the room, his actions had been acceptable.

The panel in the Nîmes appeals court was presented with video evidence of the victim's unconscious figure, comatose and breathing heavily in a comatose state, while a grinning the perpetrator committed rape on several occasions over a duration of what police said was three and a half hours. The judge said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was no question that she had been unaware and had not consented.

Accused's Testimony

The defendant told the court the footage were simply “intimate moments” and disputed it was rape. He said what he did was “an intimate behavior”, not rape. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was OK. He said he was deceived by the husband. “I attempted to cease,” Dogan stated to the court. “I continued because he persuaded me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I never wanted to injure that woman.”

Victim's Response

The victim, who was applauded upon leaving court each day by crowds gathered to support her, told the defendant in court: “You fail to comprehend. When will you acknowledge you raped me? It’s a crime to rape an unaware woman. When did I ever give you permission? At no time.”

Gisèle Pelicot, 72, became an global icon after she waived her right to privacy in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “Shame has not yet changed sides. The public is possibly in the course of that, possibly propelled by the collective awareness brought by the exposure of your situation.”

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

The prosecutor said to the defendant: “As long as you deny it, it’s not just a person, it’s an entire disturbing cultural framework that you are endorsing.”

Personal History

The accused was originated from the country of Turkey and at the age of five relocated to France, where his father worked as a building manager. The court heard that his parent was abusive and that Dogan began consuming marijuana aged 10. When Dogan was seventeen he was caught by authorities for dealing drugs and his parent evicted him of home. He was incarcerated in prison for drug dealing in his early 20s and had worked as a builder but had undergone periods of living on the streets.

He was married and had a child with Down’s syndrome, who he was the primary guardian for, as his wife worked in a institution's dining hall. The testimony revealed his spouse did not know he had frequent sexual encounters outside their union. His defence said this was his strategy for managing with his difficult circumstances. Dogan had informed a mental health expert that each year he looked for commercial sex on his birthday. His attorneys told the court he had joint inflammation resulting from the pressure of the initial proceedings.