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A man was declared guilty on retrial of raping Gisèle Pelicot following she was drugged unconscious by her husband – and has had his jail term raised to ten years.

Higher Court Case

The defendant, forty-four, an out-of-work construction worker, who had challenged his first conviction last year, underwent a retrial this week at the Nîmes court of appeal.

A jury of five men and four women, sitting with three judges, ruled against Dogan on Thursday of raping the victim in her bedroom in Provence in the morning of June 29, 2019.

The testimony revealed that Dogan, a family man, reached out to Gisèle Pelicot’s spouse, the husband, in an internet forum named “unbeknownst to her”, where the husband was seeking men to visit his house to rape his wife once he had drugged her into a deep sleep.

We trust the court will say loud and clear that in this society, human rights are also women’s rights – that consent is individual, not delegated,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is received personally and not through someone else from a husband.”

Case History

The ex-husband, a notorious sex offenders in recent French history, was given a prison term to 20 years in prison last year for sedating his wife at the time and inviting numerous individuals to sexually assault her in her home in the town of the village of Mazan over a duration of many years of their marriage.

Dozens of additional defendants were found guilty in a notable trial last year, and Dogan was the only man to appeal against his conviction. He was originally sentenced to nine years in prison, a penalty increased on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had argued he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Courtroom Details

Dogan had first sent the husband sexually explicit photos and then driven an hour from his residence in Provence to rape the victim, after notifying his wife he was leaving, the court heard.

Pelicot, who was brought from segregation in prison to temporarily give evidence at the hearing, stated to the court that Dogan had understood his wife had been “sedated” and he communicated to men by phone: “I want someone to abuse my wife after I’ve sedated her without her knowledge.”

The trial became a key topic for a broader debate on societal attitudes in society as Dogan continued to claim he was not guilty and had not perpetrated assault, stating that because the victim's husband had welcomed him into the bedroom, his actions had been acceptable.

The jury in the higher court was shown visual proof of the victim's unconscious figure, comatose and snoring in a comatose state, while a grinning Dogan engaged in violation on several occasions over a period of what authorities reported was three and a half hours. The presiding judge said she had been at danger of fatal outcome by asphyxiation. The state prosecution said there was no doubt that she had been unaware and had not consented.

Dogan's Claims

Dogan informed the court the videos were simply “sex scenes” and disputed it was assault. He said what he did was “an intimate behavior”, not assault. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I tried to halt,” Dogan told the court. “I continued because he convinced me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I had no desire to hurt that lady.”

Victim's Response

The survivor, who was supported upon exiting the courtroom each day by supporters present to stand with her, said to the defendant in court: “You haven’t understood. When will you acknowledge you violated me? It is illegal to assault an unconscious woman. How could I have give you permission? Not once.”

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

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s unwillingness to take responsibility showed that: “The shame remains. Society is possibly in the process of that, perhaps propelled by the public consciousness brought by the exposure of your situation.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “We need to change rape culture to a society based on agreement.”

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

Personal History

Dogan was born in the country of Turkey and at the age of 5 relocated to the nation of France, where his father worked as a concierge. The court heard that his father was aggressive and that Dogan began using drugs aged ten. When he was 17 he was caught by police for selling narcotics and his father kicked him out of home. He served time in prison for trafficking in his twenties and had worked as a laborer but had undergone periods of homelessness.

He was married and had a son with Down’s syndrome, who he was the primary guardian for, as his wife worked in a institution's dining hall. The evidence showed his spouse did not know he had regular intimate relations beyond their union. His legal team said this was his way of coping with his challenging existence. Dogan had told a mental health expert that each year he looked for paid sex on his special day. His lawyers told the court he had joint inflammation resulting from the pressure of the first trial.