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An individual was declared guilty on higher court review of raping Gisèle Pelicot after she was drugged unconscious by her then-husband – and was given his prison sentence increased to ten years.

Retrial Proceedings

Dogan, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, experienced a retrial this week at the appeals court in Nîmes.

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

The court heard that the accused, a family man, connected with the victim's then husband, Dominique Pelicot, in an digital platform called “without her knowledge”, where Pelicot was looking for men to enter his residence to assault his wife after he had drugged her into a unconscious state.

We expect the panel will affirm that in this society, human rights are also women’s rights – that consent is individual, not given by another,” said Gisèle Pelicot’s attorney, her legal representative. “Agreement is obtained directly and not via a representative from a husband.”

Case History

The husband, among the most severe sex offenders in recent French history, was sentenced to 20 years in prison last year for incapacitating his spouse and inviting multiple perpetrators to rape her in her home in the town of the village of Mazan over a duration of almost a decade of their union.

Numerous other individuals were found convicted in a high-profile trial last year, and the appellant was the only man to contest his verdict. He was initially given a sentence to nine years in prison, a punishment increased on Thursday to 10 years.

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

Testimony and Proof

Dogan had initially sent Dominique Pelicot graphic images and then traveled an hour from his residence in Provence to assault Gisèle Pelicot, after informing his wife he was going out, the testimony revealed.

The ex-husband, who was transported from isolation in prison to briefly testify at the retrial, told the court that Dogan had known his wife had been “drugged” and he said to men by phone: “I want someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a central issue for a broader debate on sexual violence norms in society as the defendant continued to claim he was blameless and had not perpetrated assault, stating that because the victim's husband had welcomed him into the bedroom, his behavior had been acceptable.

The jury in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s unconscious figure, comatose and snoring in a unconscious condition, while a grinning the perpetrator performed assault multiple times over a period of what investigators stated was three and a half hours. The judge said she had been at risk of fatal outcome by asphyxiation. The state's case said there was no doubt that she had been incapacitated and had not given permission.

Accused's Testimony

The defendant stated to the court the recordings were simply “sexual encounters” and rejected it was violation. He said what he did was “a sexual act”, not rape. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I tried to halt,” the accused told the court. “I continued because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to harm that lady.”

Pelicot's Words

Gisèle Pelicot, who was cheered upon leaving court each day by crowds gathered to back her, said to Dogan in court: “You haven’t understood. When will you acknowledge you assaulted me? It is unlawful to rape an unconscious woman. At what point did I give you permission? At no time.”

Gisèle Pelicot, 72, became an symbol of resistance after she waived her right to privacy 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: “Guilt has not shifted. The community is maybe in the process of that, perhaps driven by the public consciousness brought by the publication of your ordeal.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still common in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a ethos of permission.”

The prosecutor addressed the defendant: “While you deny it, it’s not just a individual, it’s an entire unpleasant social system that you are upholding.”

Biographical Details

Dogan was born in Turkey and at the age of five came to France, where his parent worked as a concierge. The testimony revealed that his parent was violent and that Dogan began consuming marijuana aged 10. When he was seventeen he was caught by police for selling narcotics and his father evicted him the residence. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a builder but had experienced periods of living on the streets.

He was wed and had a child with Down’s syndrome, who he was the main caregiver for, as his wife worked in a educational cafeteria. The testimony revealed his spouse did not know he had regular extramarital activities outside their union. His defence said this was his way of coping with his difficult circumstances. The defendant had told a evaluator that once a year he sought commercial sex on his special day. His legal representatives informed the court he had joint inflammation caused by the pressure of the original case.