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A defendant was declared guilty on retrial of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her spouse – and has had his prison sentence extended to 10 years.

Higher Court Case

Dogan, forty-four, an unemployed builder, who had contested his first conviction last year, experienced a retrial this week at the Nîmes court of appeal.

A panel of four women and five men, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her residence in the south of France in the early hours of June 29, 2019.

The testimony revealed that the accused, a married father, connected with the victim's spouse, the husband, in an online chatroom called “without her knowledge”, where Pelicot was looking for men to come to his home to assault his wife after he had sedated her into a deep sleep.

We expect the court will declare that in this nation, fundamental rights are also women’s rights – that consent is personal, not given by another,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Permission is received directly and not through someone else from a husband.”

Context

Dominique Pelicot, a notorious sexual predators in modern French history, was sentenced to twenty years in prison last year for drugging his wife at the time and bringing in numerous individuals to rape her in her home in the town of the village of Mazan over a span of nearly ten years of their union.

Numerous other individuals were found culpable in a widely publicized trial last year, and Dogan was the only man to challenge his sentence. He was first handed a term to nine years in prison, a punishment 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 first sent the husband sexually explicit photos and then driven an hour from his town in Provence to rape the victim, after telling his wife he was leaving, the testimony revealed.

Pelicot, who was transported from segregation in prison to temporarily testify at the appeal trial, stated to the court that the accused had been aware his wife had been “incapacitated” and he told to men by phone: “I want someone to violate my wife after I’ve put her to sleep without her consent.”

The proceedings became a focus point for a broader debate on rape culture in society as Dogan continued to assert he was blameless and had not engaged in violation, stating that because the victim's husband had allowed him into the bedroom, his actions had been acceptable.

The jury in the higher court was presented with visual proof of the victim's unresponsive form, unconscious and snoring in a comatose state, while a smiling Dogan performed assault on several occasions over a period of what police said was 3.5 hours. The court official said she had been at danger of death by asphyxiation. The state's case said there was no question that she had been unconscious and had not consented.

Defendant's Statements

Dogan informed the court the videos were simply “intimate moments” and denied it was rape. He said what he did was “a sexual act”, not assault. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused informed the court. “I proceeded because he convinced me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I never wanted to harm that woman.”

Survivor's Statement

The victim, who was applauded upon departing the trial each day by crowds present to back her, addressed Dogan in court: “You fail to comprehend. When will you admit you raped me? It is unlawful to assault an unconscious woman. At what point did I give you agreement? Not once.”

The victim, 72, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, speaking to the victim in court, said the defendant's refusal to take responsibility showed that: “The shame remains. The public is perhaps in the process of that, possibly propelled by the public consciousness spurred by the publication of your situation.”

The prosecutor said the defendant's claims of blamelessness showed how rape culture was still widespread in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

Sie told the defendant: “For as much as you deny it, it’s not just a individual, it’s an whole unpleasant cultural framework that you are upholding.”

Defendant's Background

The accused was originated from Turkey and at the age of five moved to the nation of France, where his parent worked as a caretaker. The testimony revealed that his parent was violent and that Dogan began consuming marijuana at the age of 10. When he was 17 he was caught by authorities for selling narcotics and his father kicked him out of home. He spent time in prison for narcotics offenses in his twenties and had worked as a laborer but had faced periods of living on the streets.

He was wed and had a son with special needs, who he was the main caregiver for, as his wife worked in a educational cafeteria. The evidence showed his spouse did not know he had regular extramarital activities beyond their marriage. His legal team said this was his method of dealing with his challenging existence. The defendant had informed a mental health expert that each year he engaged in commercial sex on his birthday. His lawyers told the court he had a medical condition caused by the stress of the original case.