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A man was declared guilty on higher court review of raping Gisèle Pelicot after she was sedated by her husband – and was given his incarceration period raised to 10 years.

Retrial Proceedings

Dogan, forty-four, an unemployed builder, who had challenged his first conviction last year, faced a new trial this week at the appeals court in Nîmes.

A panel of nine jurors, joined by three judges, ruled against Dogan on Thursday of raping Pelicot in her residence in the south of France in the morning of June 29, 2019.

The court heard that Dogan, a family man, connected with the victim's then husband, Dominique Pelicot, in an online chatroom titled “unbeknownst to her”, where Pelicot was looking for men to come to his home to assault his wife once he had rendered her unconscious into a comatose state.

“We hope the jury will declare that in this nation, fundamental rights are also rights of women – that consent is individual, not given by another,” said the victim's attorney, Antoine Camus. “Consent is received personally and not through someone else from a husband.”

Case History

Dominique Pelicot, one of the worst sexual predators in recent French history, was given a prison term to twenty years in prison last year for sedating his wife at the time and bringing in numerous individuals to sexually assault her in her home in the Provence village of Mazan over a period of nearly ten years of their union.

Fifty other men were found culpable in a notable trial last year, and Dogan was the sole individual to appeal against his conviction. He was first handed a term to nine years in prison, a punishment enhanced on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had argued he should serve twelve years, because he “completely denies to take any blame”.

Evidence Presented

Dogan had first sent the husband inappropriate pictures and then traveled an hour from his town in the region to assault Gisèle Pelicot, after notifying his wife he was stepping out, the testimony revealed.

The ex-husband, who was brought from solitary confinement in prison to briefly testify at the appeal trial, informed the court that the accused had understood his wife had been “drugged” and he said to men by phone: “I seek someone to violate my wife after I’ve sedated her without her consent.”

The courtroom became a central issue for a wider discussion on rape culture in society as Dogan continued to claim he was blameless and had not perpetrated assault, arguing that because the victim's husband had welcomed him into the room, his conduct had been justifiable.

The jury in the higher court was presented with video evidence of Gisèle Pelicot’s limp body, unconscious and snoring in a deep sleep, while a grinning the perpetrator performed assault repeatedly over a duration of what investigators stated was three and a half hours. The judge said she had been at peril of fatal outcome by asphyxiation. The state's case said there was absolute certainty that she had been incapacitated and had not agreed.

Accused's Testimony

Dogan told the court the videos were simply “sexual encounters” and denied it was rape. He said what he did was “a consensual activity”, not rape. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I did not intend to injure that lady.”

Victim's Response

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by crowds assembled to stand with her, said to Dogan in court: “You haven’t understood. When will you admit you assaulted me? It’s a crime to assault an unaware woman. When did I ever give you permission? Not once.”

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

Legal Commentary

The prosecutor, addressing the victim in court, said Dogan’s refusal to take responsibility showed that: “Shame has not yet changed sides. The public is maybe in the process of that, maybe motivated by the collective awareness brought by the exposure of your situation.”

Sie said Dogan’s claims of innocence showed how societal tolerance was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “We need to change the culture of violence to a ethos of permission.”

The prosecutor addressed the defendant: “For as much as you refuse to admit it, it’s not just a woman, it’s an complete unpleasant social system that you are upholding.”

Biographical Details

The accused was originated from Turkey and at the age of five moved to France, where his parent worked as a concierge. The evidence indicated that his father was abusive and that Dogan began using drugs at the age of ten. When Dogan was 17 he was apprehended by police for selling narcotics and his parent evicted him the family house. He served time in prison for drug dealing in his young adulthood and had worked as a construction worker but had faced periods of homelessness.

He was married and had a child with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a school canteen. The testimony revealed his spouse did not know he had frequent extramarital activities beyond their marriage. His legal team said this was his way of coping with his difficult circumstances. The defendant had stated to a evaluator that annually he looked for commercial sex on his birthday. His lawyers informed the court he had a medical condition caused by the pressure of the first trial.