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An individual has been found guilty on appeal of raping Gisele Pelicot following she was drugged unconscious by her spouse – and was given his incarceration period extended to 10 years.

Retrial Proceedings

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

A panel of four women and five men, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in southern France in the early hours of June 29, 2019.

The evidence showed that the accused, a family man, connected with Gisèle Pelicot’s husband at the time, the husband, in an online chatroom called “without her knowledge”, where Pelicot was seeking men to enter his residence to rape his wife once he had rendered her unconscious into a unconscious state.

We trust the jury will affirm that in this society, fundamental rights are also rights of women – that agreement is personal, not transferred,” said the victim's lawyer, her legal representative. “Consent is secured directly and not via a representative from a spouse.”

Case History

The ex-husband, among the most severe sex offenders in France's contemporary records, was sentenced to twenty years in prison last year for incapacitating his spouse and bringing in multiple perpetrators to sexually assault her in her home in the town of Mazan over a span of almost a decade of their marriage.

Dozens of additional defendants were found convicted in a notable trial last year, and Dogan was the sole individual to contest his conviction. He was originally sentenced to 9 years in prison, a punishment enhanced on Thursday to 10 years.

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

Courtroom Details

The defendant had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his town in the region to rape the victim, after informing his wife he was stepping out, the evidence indicated.

Pelicot, who was brought from solitary confinement in prison to temporarily give evidence at the appeal trial, informed the court that Dogan had been aware his wife had been “sedated” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep without her knowledge.”

The courtroom became a focus point for a broader debate on societal attitudes in society as Dogan continued to say he was not guilty and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had allowed him into the room, his actions had been justifiable.

The panel in the higher court was presented with recorded footage of the victim's unresponsive form, comatose and breathing heavily in a deep sleep, while a smiling the perpetrator performed assault multiple times over a timeframe of what authorities reported was several hours. The court official said she had been at risk of death by suffocation. The state's case said there was no question that she had been incapacitated and had not given permission.

Dogan's Claims

The defendant told the court the videos were simply “sex scenes” and disputed it was violation. He said what he did was “a sexual act”, not rape. 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 acceptable. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan stated to the court. “I proceeded because he reassured me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I had no desire to injure that individual.”

Victim's Response

The victim, who was applauded upon leaving court each day by onlookers present to back her, said to Dogan in court: “You haven’t understood. When will you acknowledge you assaulted me? It is unlawful to assault an incapacitated woman. When did I ever give you agreement? At no time.”

The victim, 72, became an symbol of resistance after she waived her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “The shame remains. The community is perhaps in the course of that, possibly motivated by the societal understanding spurred by the exposure of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how normalized violence was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

Sie addressed Dogan: “As long as you deny it, it’s not just a individual, it’s an complete disturbing societal structure that you are endorsing.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of 5 relocated to the nation of France, where his father worked as a caretaker. The testimony revealed that his parent was abusive and that Dogan began smoking cannabis at the age of ten. When Dogan was 17 he was caught by police for dealing drugs and his father evicted him the family house. He spent time in prison for narcotics offenses in his early 20s and had worked as a laborer but had experienced periods of being unhoused.

He was married and had a son with a genetic condition, who he was the principal carer for, as his spouse worked in a institution's dining hall. The testimony revealed his wife did not know he had frequent sexual encounters outside their union. His defence said this was his way of coping with his difficult circumstances. The defendant had stated to a mental health expert that each year he engaged in paid sex on his special day. His attorneys informed the court he had arthritis triggered by the anxiety of the original case.