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A man was convicted on higher court review of sexually assaulting Gisèle Pelicot after she was rendered comatose by her spouse – and has had his incarceration period extended to a decade.

Retrial Proceedings

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

A panel of five men and four women, joined by three judges, convicted Dogan on Thursday of raping Pelicot in her bedroom in southern France in the early hours of 29 June 2019.

The court heard that the accused, a family man, made contact with Gisèle Pelicot’s spouse, the husband, in an internet forum titled “without her knowledge”, where Pelicot was looking for men to enter his residence to rape his wife once he had drugged her into a deep sleep.

“We hope the court will declare that in this country, fundamental rights are also rights of women – that agreement is personal, not delegated,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is received personally and not by proxy from a husband.”

Case History

The ex-husband, one of the worst sexual predators in modern French history, was handed a sentence to two decades 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 town of Mazan over a period of nearly ten years of their marriage.

Dozens of additional defendants were found convicted in a notable trial last year, and Dogan was the single defendant to challenge his verdict. He was first sentenced to nine years in prison, a penalty raised on Thursday to ten years.

The state's attorney, Dominique Sie, had stated he should serve 12 years, because he “absolutely refuses to take any blame”.

Courtroom Details

Dogan had first sent the husband sexually explicit photos and then driven an hour from his town in Provence to assault the victim, after informing his wife he was stepping out, the testimony revealed.

Pelicot, who was transported from solitary confinement in prison to briefly testify at the hearing, stated to the court that Dogan had understood his wife had been “sedated” and he said to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a key topic for a broader debate on rape culture in society as Dogan continued to assert he was blameless and had not committed rape, stating that because Gisèle Pelicot’s husband had allowed him into the room, his conduct had been justifiable.

The panel in the higher court was shown recorded footage of the victim's unresponsive form, sedated and snoring in a deep sleep, while a grinning Dogan performed assault multiple times over a period of what police said was 3.5 hours. The judge said she had been at risk of death by suffocation. The state's case said there was absolute certainty that she had been unaware and had not given permission.

Accused's Testimony

Dogan stated to the court the footage were simply “intimate moments” and denied it was violation. He said what he did was “a sexual act”, not assault. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was OK. He said he was influenced by the husband. “I wanted to stop,” Dogan told the court. “I carried on because he persuaded me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to hurt that individual.”

Pelicot's Words

The survivor, who was cheered upon departing the trial each day by onlookers present to support her, told Dogan in court: “You haven’t understood. When will you acknowledge you raped me? It is unlawful to assault an unconscious woman. When did I ever give you agreement? Never.”

The victim, 72, became an international feminist hero after she relinquished her right to privacy 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 blame showed that: “Shame has not yet changed sides. Society is maybe in the process of that, possibly driven by the public consciousness resulting from the revelation of your case.”

The prosecutor said the defendant's claims of blamelessness showed how societal tolerance was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “Now we must change rape culture to a society based on agreement.”

Sie said to the defendant: “While you reject it, it’s not just a individual, it’s an whole disturbing cultural framework that you are supporting.”

Biographical Details

The accused was born in Turkey and at the age of 5 moved to France, where his father worked as a caretaker. The evidence indicated that his father was violent and that the defendant began using drugs at the age of ten. When Dogan was 17 he was apprehended by police for drug trafficking and his father evicted him of home. He was incarcerated in prison for trafficking in his young adulthood and had worked as a construction worker but had undergone 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 spouse worked in a institution's dining hall. The evidence showed his wife did not know he had regular extramarital activities beyond their marriage. His legal team said this was his way of coping with his challenging existence. Dogan had stated to a court psychologist that once a year he looked for transactional encounters on his birthday. His attorneys stated to the court he had joint inflammation triggered by the stress of the initial proceedings.