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A man was convicted on retrial of raping Gisele Pelicot after she was rendered comatose by her then-husband – and received his prison sentence raised to 10 years.

Higher Court Case

The defendant, 44, an unemployed builder, who had appealed his first conviction last year, faced a appeal hearing this week at the higher court in Nîmes.

A jury of nine jurors, joined by three judges, ruled against Dogan on Thursday of raping the victim in her bedroom in southern France in the morning of 29 June 2019.

The testimony revealed that the accused, a family man, made contact with the victim's husband at the time, the husband, in an online chatroom called “without her consent”, where the husband was recruiting men to visit his house to assault his wife once he had sedated her into a deep sleep.

“We hope the jury will say loud and clear that in this country, human rights are also women’s rights – that consent is individual, not transferred,” said the victim's lawyer, Antoine Camus. “Agreement is obtained personally and not by proxy from a spouse.”

Case History

The ex-husband, one of the worst sexual predators in recent French history, was handed a sentence to twenty years in prison last year for sedating his wife at the time and bringing in dozens of men to sexually assault her in her home in the community of Mazan over a duration of nearly ten years of their marriage.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and the appellant was the only man to appeal against his verdict. He was originally sentenced to 9 years in prison, a punishment increased on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had stated he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

The defendant had first sent Dominique Pelicot graphic images and then driven an hour from his village in Provence to rape the victim, after telling his wife he was leaving, the evidence indicated.

Pelicot, who was transported from solitary confinement in prison to briefly give evidence at the appeal trial, told the court that Dogan had understood his wife had been “drugged” and he told to men by phone: “I want someone to abuse my wife after I’ve sedated her without her knowledge.”

The courtroom became a key topic for a wider discussion on sexual violence norms in society as the defendant continued to claim he was innocent and had not committed rape, stating that because Gisèle Pelicot’s husband had welcomed him into the room, his actions had been permissible.

The panel in the Nîmes appeals court was shown recorded footage of the victim's unconscious figure, comatose and snoring in a unconscious condition, while a grinning Dogan performed assault multiple times over a period of what police said was three and a half hours. The court official said she had been at risk of death by choking. The prosecution said there was no question that she had been incapacitated and had not agreed.

Accused's Testimony

The defendant told the court the videos were simply “sexual encounters” and disputed it was violation. He said what he did was “a consensual activity”, not rape. He declared the court: “I never raped.” He said the victim's husband had invited him to the home, and therefore it was permissible. He said he was influenced by the husband. “I tried to halt,” Dogan informed the court. “I carried on because he persuaded me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I had no desire to hurt that individual.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon departing the trial each day by crowds present to support her, addressed the defendant in court: “You haven’t understood. When will you admit you violated me? It is unlawful to rape an incapacitated woman. At what point did I give you consent? Not once.”

Gisèle Pelicot, seventy-two, became an global icon after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said the defendant's unwillingness to take responsibility showed that: “Guilt has not shifted. Society is maybe in the course of that, possibly propelled by the collective awareness brought by the publication of your case.”

Sie said Dogan’s claims of innocence showed how rape culture was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a culture of consent.”

The prosecutor told Dogan: “As long as you reject it, it’s not just a individual, it’s an whole unpleasant social system that you are endorsing.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of 5 relocated to France, where his parent worked as a caretaker. The testimony revealed that his parent was aggressive and that Dogan began smoking cannabis aged ten. When Dogan was 17 he was caught by authorities for dealing drugs 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 experienced periods of homelessness.

He was married and had a son with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The evidence showed his spouse did not know he had repeated extramarital activities beyond their union. His legal team said this was his way of coping with his stressful life. Dogan had told a court psychologist that once a year he sought paid sex on his special day. His attorneys informed the court he had a medical condition triggered by the anxiety of the original case.