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An individual was declared guilty on appeal of raping Gisele Pelicot following she was drugged unconscious by her husband – and has had his prison sentence extended to ten years.

Higher Court Case

Dogan, forty-four, an out-of-work construction worker, who had challenged his first conviction last year, faced a retrial this week at the appeals court in Nîmes.

A panel of nine jurors, sitting with three judges, ruled against Dogan on Thursday of raping Pelicot in her home in Provence in the morning of June 29, 2019.

The court heard that Dogan, a married father, made contact with Gisèle Pelicot’s husband at the time, the husband, in an internet forum called “unbeknownst to her”, where Pelicot was recruiting men to come to his home to assault his wife after he had sedated her into a unconscious state.

We expect the jury will say loud and clear that in this society, fundamental rights are also women’s rights – that permission is personal, not given by another,” stated the victim's attorney, her legal representative. “Consent is secured directly and not via a representative from a spouse.”

Case History

The ex-husband, a notorious sex offenders in recent French history, was given a prison term to two decades in prison last year for drugging his spouse and soliciting numerous individuals to sexually assault her in her home in the town of Mazan over a duration of nearly ten years of their union.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and Dogan was the only man to contest his verdict. He was initially handed a term to nine years in prison, a penalty enhanced on Thursday to ten years.

The lead state prosecutor, the prosecutor, had stated he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Courtroom Details

Dogan had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his town in the region to rape the victim, after notifying his wife he was stepping out, the testimony revealed.

Pelicot, who was transported from solitary confinement in prison to briefly give evidence at the retrial, stated to the court that the accused 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 central issue for a wider discussion on societal attitudes in society as Dogan continued to assert he was blameless and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had allowed him into the residence, his behavior had been acceptable.

The jury in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s unconscious figure, comatose and snoring in a deep sleep, while a smiling Dogan committed rape on several occasions over a duration of what authorities reported was three and a half hours. The judge said she had been at peril of fatal outcome by asphyxiation. The state prosecution said there was no question that she had been incapacitated and had not consented.

Defendant's Statements

The defendant stated to the court the videos were simply “sex scenes” and denied it was assault. He said what he did was “a consensual activity”, not rape. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was permissible. He said he was manipulated by the husband. “I attempted to cease,” the accused stated to the court. “I continued because he persuaded me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I never wanted to harm that lady.”

Victim's Response

The victim, who was cheered upon leaving court each day by onlookers present to back her, addressed Dogan in court: “You haven’t understood. When will you acknowledge you violated me? It is illegal to assault an incapacitated woman. When did I ever give you permission? Never.”

Gisèle Pelicot, 72, became an international feminist hero after she gave up her right to privacy in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “Guilt has not shifted. The public is possibly in the process of that, possibly motivated by the public consciousness spurred by the exposure of your situation.”

Sie said Dogan’s claims of innocence showed how normalized violence was still prevalent in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change rape culture to a culture of consent.”

The prosecutor addressed Dogan: “While you refuse to admit it, it’s not just a woman, it’s an whole disturbing cultural framework that you are endorsing.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of 5 came to France, where his parent worked as a building manager. The evidence indicated that his father was abusive and that the defendant began consuming marijuana at the age of 10. When Dogan was 17 he was stopped by police for drug trafficking and his parent evicted him of home. He was incarcerated in prison for trafficking in his early 20s and had worked as a construction worker but had experienced periods of living on the streets.

He was married and had a child with special needs, who he was the main caregiver for, as his wife worked in a institution's dining hall. The evidence showed his spouse did not know he had repeated extramarital activities beyond their marriage. His defence said this was his strategy for managing with his difficult circumstances. Dogan had informed a court psychologist that annually he looked for commercial sex on his birthday. His lawyers told the court he had joint inflammation resulting from the pressure of the original case.