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A man has been found guilty on higher court review of raping Gisele Pelicot following she was sedated by her spouse – and has had his jail term increased to a decade.

Retrial Proceedings

The defendant, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, experienced a new trial this week at the higher court in Nîmes.

A panel of nine jurors, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her home in the south of France in the morning of June 29, 2019.

The testimony revealed that Dogan, a family man, reached out to Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform titled “unbeknownst to her”, where the husband was recruiting men to come to his home to assault his wife after he had drugged her into a comatose state.

“We hope the court will declare that in this nation, human rights are also rights of women – that consent is personal, not given by another,” stated the victim's attorney, her legal representative. “Permission is secured directly and not by proxy from a husband.”

Case History

Dominique Pelicot, one of the worst sexual predators in modern French history, was handed a sentence to two decades in prison last year for drugging his spouse and soliciting numerous individuals to sexually assault her in her home in the community of Mazan over a span of many years of their marriage.

Dozens of additional defendants were found convicted in a notable trial last year, and Dogan was the single defendant to challenge his sentence. He was first given a sentence to nine years in prison, a penalty raised on Thursday to ten years.

The state's attorney, the prosecutor, had stated he should serve twelve years, because he “completely denies to take any blame”.

Courtroom Details

The defendant had initially sent Dominique Pelicot graphic images and then driven an hour from his village in Provence to assault the victim, after informing his wife he was going out, the testimony revealed.

The ex-husband, who was transported from solitary confinement in prison to temporarily provide testimony at the hearing, stated to the court that Dogan had understood his wife had been “drugged” and he said to men by phone: “I seek someone to violate my wife after I’ve put her to sleep without her knowledge.”

The courtroom became a focus point for a broader debate on rape culture in society as the defendant continued to assert he was not guilty and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had welcomed him into the residence, his behavior had been justifiable.

The jury in the Nîmes appeals court was presented with visual proof of the victim's unconscious figure, unconscious and snoring in a comatose state, while a grinning Dogan committed rape on several occasions over a period of what authorities reported was several hours. The court official said she had been at risk of death by asphyxiation. The state's case said there was absolute certainty that she had been unconscious and had not given permission.

Dogan's Claims

The defendant informed the court the footage were simply “sexual encounters” and denied it was rape. He said what he did was “an intimate behavior”, not assault. He stated the court: “I did not commit rape.” He said the victim's husband had invited him to the residence, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan stated to the court. “I carried on because he convinced me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I never wanted to harm that individual.”

Pelicot's Words

The victim, who was applauded upon leaving court each day by crowds assembled to stand with her, said to Dogan in court: “You do not grasp. When will you admit you violated me? It’s a crime to rape an unconscious woman. At what point did I give you consent? Never.”

The victim, 72, became an symbol of resistance after she waived her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, speaking to the victim in court, said Dogan’s unwillingness to take blame showed that: “The shame remains. The community is perhaps in the process of that, possibly driven by the collective awareness spurred by the publication of your ordeal.”

The prosecutor said Dogan’s claims of non-guilt showed how normalized violence was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change the culture of violence to a ethos of permission.”

The prosecutor said to Dogan: “As long as you deny it, it’s not just a person, it’s an entire unpleasant social system that you are endorsing.”

Biographical Details

Dogan was originated from Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a concierge. The court heard that his parent was violent and that the defendant began consuming marijuana at the age of 10. When Dogan was 17 he was apprehended by police for dealing drugs and his parent kicked him out the family house. He served time in prison for drug dealing in his early 20s and had worked as a laborer but had experienced periods of living on the streets.

He was wed and had a son with special needs, who he was the main caregiver for, as his spouse worked in a school canteen. The court heard his wife did not know he had frequent extramarital activities beyond their marriage. His defence said this was his strategy for managing with his stressful life. Dogan had stated to a mental health expert that annually he looked for commercial sex on his special day. His lawyers stated to the court he had a medical condition caused by the stress of the original case.