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A man was convicted on retrial of raping Gisèle Pelicot following she was sedated by her spouse – and received his incarceration period increased to 10 years.

Retrial Proceedings

The defendant, forty-four, an unemployed builder, who had appealed his first conviction 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 residence in Provence in the early hours of 29 June 2019.

The evidence showed that Dogan, a family man, made contact with Gisèle Pelicot’s husband at the time, the husband, in an digital platform titled “without her knowledge”, where Pelicot was recruiting men to enter his residence to assault his wife once he had drugged her into a deep sleep.

We trust the court will say loud and clear that in this society, fundamental rights are also women’s rights – that consent is individual, not delegated,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Consent is obtained personally and not via a representative from a husband.”

Context

The husband, a notorious sexual predators in modern French history, was given a prison term to two decades in prison last year for sedating his wife at the time and soliciting multiple perpetrators to rape her in her home in the Provence village of Mazan over a period of nearly ten years of their marriage.

Fifty other men were found convicted in a widely publicized trial last year, and Dogan was the only man to contest his conviction. He was initially given a sentence to 9 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 “completely denies to take any accountability”.

Courtroom Details

The defendant had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in the region to rape the victim, after informing his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from segregation in prison to temporarily give evidence at the appeal trial, stated to the court that Dogan had known his wife had been “sedated” and he told to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious without her consent.”

The trial became a central issue for a larger conversation on societal attitudes in society as the defendant continued to assert he was innocent and had not perpetrated assault, contending that because the victim's husband had invited him into the room, his conduct had been acceptable.

The jury in the higher court was shown visual proof of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a deep sleep, while a grinning Dogan performed assault multiple times over a timeframe of what authorities reported was three and a half hours. The court official said she had been at danger of fatal outcome by asphyxiation. The prosecution said there was absolute certainty that she had been unconscious and had not agreed.

Defendant's Statements

Dogan informed the court the footage were simply “intimate moments” and rejected it was violation. He said what he did was “an intimate behavior”, not assault. He stated the court: “I am innocent of assault.” He said the victim's husband had brought him to the house, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I attempted to cease,” Dogan told the court. “I proceeded because he reassured me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I did not intend to injure that woman.”

Survivor's Statement

The victim, who was applauded upon leaving court each day by supporters gathered to stand with her, addressed Dogan in court: “You do not grasp. When are you going to recognise you violated me? It is illegal to assault an incapacitated woman. How could I have give you agreement? 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.”

Legal Commentary

Sie, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take responsibility showed that: “Guilt has not shifted. Society is perhaps in the course of that, perhaps driven by the public consciousness spurred by the publication of your situation.”

The prosecutor said Dogan’s claims of innocence showed how normalized violence was still common in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change rape culture to a culture of consent.”

The prosecutor addressed Dogan: “For as much as you reject it, it’s not just a individual, it’s an complete unpleasant societal structure that you are upholding.”

Personal History

Dogan was originated from the country of Turkey and at the age of five moved to the nation of France, where his father worked as a caretaker. The testimony revealed that his father was abusive and that Dogan began using drugs aged 10. When Dogan was 17 he was apprehended by police for drug trafficking and his father evicted him the residence. He was incarcerated in prison for drug dealing in his early 20s and had worked as a builder but had faced periods of living on the streets.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his wife 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 method of dealing with his stressful life. Dogan had stated to a mental health expert that each year he engaged in transactional encounters on his birthday. His attorneys stated to the court he had joint inflammation caused by the anxiety of the initial proceedings.