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A man was convicted on appeal of raping Gisèle Pelicot following she was sedated by her husband – and has had his prison sentence extended to a decade.

Appeal Trial

The defendant, 44, an out-of-work construction worker, who had contested his first conviction last year, faced a new trial this week at the appeals court in Nîmes.

A panel of four women and five men, accompanied by three judges, ruled against Dogan on Thursday of raping Pelicot in her home in Provence in the early hours of June 29, 2019.

The testimony revealed that Dogan, a married father, connected with Gisèle Pelicot’s husband at the time, the husband, in an digital platform titled “unbeknownst to her”, where the husband was looking for men to visit his house to assault his wife once he had drugged her into a deep sleep.

We expect the panel will declare that in this nation, fundamental rights are also women’s rights – that agreement is individual, not transferred,” declared Gisèle Pelicot’s attorney, her legal representative. “Permission is obtained personally and not through someone else from a spouse.”

Case History

The husband, one of the worst sexual predators in recent French history, was given a prison term to two decades in prison last year for incapacitating his wife at the time and bringing in numerous individuals to sexually assault her in her home in the community of Mazan over a span of many years of their union.

Fifty other men were found convicted in a notable trial last year, and Dogan was the sole individual to challenge his sentence. He was initially handed a term to 9 years in prison, a sentence enhanced on Thursday to a decade.

The state's attorney, the prosecutor, had stated he should serve twelve years, because he “completely denies to take any responsibility”.

Courtroom Details

The defendant had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his village in Provence to assault Gisèle Pelicot, after notifying his wife he was going out, the court heard.

Pelicot, who was brought from isolation in prison to temporarily testify at the hearing, told the court that Dogan had been aware his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep without her consent.”

The courtroom became a central issue for a larger conversation on societal attitudes in society as Dogan continued to say he was not guilty and had not committed rape, stating that because Gisèle Pelicot’s husband had allowed him into the room, his actions had been permissible.

The panel in the Nîmes appeals court was shown recorded footage of the victim's limp body, sedated and snoring in a deep sleep, while a smiling the perpetrator performed assault multiple times over a period of what investigators stated was several hours. The court official said she had been at danger of death by asphyxiation. The prosecution said there was absolute certainty that she had been unconscious and had not given permission.

Defendant's Statements

The defendant stated to the court the videos were simply “intimate moments” and disputed it was assault. He said what he did was “a consensual activity”, not rape. He stated the court: “I am innocent of assault.” He said the victim's husband had allowed him to the house, and therefore it was acceptable. He said he was deceived by the husband. “I tried to halt,” the accused stated to the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to harm that woman.”

Victim's Response

The survivor, who was cheered upon leaving court each day by onlookers present to stand with her, said to Dogan in court: “You fail to comprehend. When are you going to recognise you assaulted me? It is unlawful to rape an incapacitated woman. At what point did I give you permission? Not once.”

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

State's Argument

Sie, speaking to the victim in court, said Dogan’s refusal to take accountability showed that: “Guilt has not shifted. The community is possibly in the midst of that, perhaps motivated by the public consciousness resulting from the exposure of your situation.”

Sie said Dogan’s claims of innocence showed how rape culture was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “Now we must change the culture of violence to a culture of consent.”

Sie told the defendant: “For as much as you reject it, it’s not just a woman, it’s an complete disturbing cultural framework that you are endorsing.”

Personal History

The accused was born in the country of Turkey and at the age of 5 moved to France, where his father worked as a caretaker. The evidence indicated that his parent was aggressive and that Dogan began consuming marijuana aged 10. When Dogan was 17 he was apprehended by authorities for drug trafficking and his father kicked him out of home. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had undergone periods of living on the streets.

He was married and had a child with Down’s syndrome, who he was the principal carer for, as his wife worked in a institution's dining hall. The evidence showed his wife did not know he had repeated sexual encounters outside their union. His defence said this was his way of coping with his difficult circumstances. The defendant had told a evaluator that once a year he sought paid sex on his special day. His attorneys stated to the court he had a medical condition triggered by the pressure of the initial proceedings.