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An individual was declared guilty on higher court review of raping Gisele Pelicot after she was drugged unconscious by her then-husband – and has had his incarceration period increased to ten years.

Retrial Proceedings

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

A jury of five men and four women, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her bedroom in the south of France in the morning of 29 June 2019.

The court heard that Dogan, a married father, made contact with the victim's spouse, Dominique Pelicot, in an online chatroom called “without her consent”, where Pelicot was looking for men to visit his house to rape his wife after he had rendered her unconscious into a unconscious state.

We trust the jury will affirm that in this nation, fundamental rights are also women’s rights – that consent is personal, not transferred,” said the victim's lawyer, Antoine Camus. “Consent is obtained personally and not through someone else from a husband.”

Case History

Dominique Pelicot, a notorious sexual predators in France's contemporary records, was sentenced to twenty years in prison last year for drugging his spouse and bringing in multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a period of many years of their marriage.

Fifty other men were found convicted in a notable trial last year, and the appellant was the sole individual to contest his conviction. He was initially handed a term to 9 years in prison, a penalty increased on Thursday to 10 years.

The lead state prosecutor, 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 traveled an hour from his residence in the region to rape the victim, after telling his wife he was going out, the evidence indicated.

Pelicot, who was transported from isolation in prison to briefly provide testimony at the retrial, stated to the court that Dogan had known 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 trial became a key topic for a larger conversation on societal attitudes in society as Dogan continued to say he was innocent and had not committed rape, stating that because the victim's husband had invited him into the residence, his actions had been permissible.

The panel in the Nîmes appeals court was presented with recorded footage of the victim's limp body, unconscious and breathing heavily in a deep sleep, while a grinning the perpetrator engaged in violation repeatedly over a period of what police said was three and a half hours. The court official said she had been at peril of death by choking. The state's case said there was no question that she had been unaware and had not agreed.

Dogan's Claims

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 assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I attempted to cease,” Dogan stated to the court. “I continued 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 lady.”

Survivor's Statement

The victim, who was cheered upon exiting the courtroom each day by crowds present to stand with her, told Dogan in court: “You fail to comprehend. When will you admit you raped me? It’s a crime to assault an unaware woman. When did I ever give you consent? At no time.”

The victim, seventy-two, became an international feminist hero after she waived her right to anonymity in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s refusal to take blame showed that: “The shame remains. The community is maybe in the process of that, maybe motivated by the societal understanding resulting from the exposure of your ordeal.”

Sie said the defendant's claims of innocence showed how societal tolerance was still common in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor addressed the defendant: “As long as you deny it, it’s not just a woman, it’s an whole sordid social system that you are supporting.”

Defendant's Background

Dogan was originated from Turkey and at the age of 5 relocated to France, where his parent worked as a concierge. The court heard that his parent was abusive and that the defendant began consuming marijuana at the age of 10. When he was 17 he was apprehended by authorities for drug trafficking and his parent kicked him out the family house. He served time in prison for narcotics offenses in his young adulthood and had worked as a builder but had faced periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the primary guardian for, as his wife worked in a school canteen. The court heard his spouse did not know he had repeated extramarital activities outside their marriage. His legal team said this was his strategy for managing with his stressful life. Dogan had told a evaluator that each year he looked for commercial sex on his birthday. His attorneys told the court he had joint inflammation triggered by the anxiety of the original case.