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An individual was convicted on appeal of raping Gisele Pelicot following she was drugged unconscious by her husband – and has had his incarceration period raised to ten years.

Retrial Proceedings

Dogan, 44, an unemployed builder, who had challenged his initial guilty verdict last year, faced a new trial this week at the Nîmes court of appeal.

A panel of five men and four women, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her bedroom in the south of France in the morning of June 29, 2019.

The court heard that Dogan, a family man, reached out to Gisèle Pelicot’s husband at the time, the husband, in an online chatroom called “unbeknownst to her”, where the husband was looking for men to come to his home to assault his wife once he had drugged her into a unconscious state.

“We hope the panel will declare that in this country, human rights are also rights of women – that permission is personal, not delegated,” said Gisèle Pelicot’s attorney, Antoine Camus. “Consent is obtained personally and not by proxy from a husband.”

Case History

Dominique Pelicot, one of the worst sexual predators in France's contemporary records, was handed a sentence to 20 years in prison last year for incapacitating his spouse and bringing in dozens of men to sexually assault her in her home in the town of the village of Mazan over a duration of almost a decade of their union.

Fifty other men were found guilty in a high-profile trial last year, and the appellant was the single defendant to appeal against his conviction. He was originally given a sentence to nine years in prison, a punishment enhanced on Thursday to a decade.

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

Courtroom Details

Dogan had initially sent the husband sexually explicit photos and then traveled an hour from his town in the region to assault the victim, after informing his wife he was stepping out, the evidence indicated.

The ex-husband, who was brought from solitary confinement in prison to briefly give evidence at the appeal trial, stated to the court that Dogan had known his wife had been “sedated” and he told to men by phone: “I want someone to assault my wife after I’ve sedated her without her consent.”

The proceedings became a key topic for a wider discussion on societal attitudes in society as Dogan continued to claim he was blameless and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had allowed him into the residence, his conduct had been permissible.

The panel in the higher court was presented with visual proof of Gisèle Pelicot’s limp body, sedated and snoring in a deep sleep, while a smiling Dogan performed assault multiple times over a period of what police said 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 absolute certainty that she had been unaware and had not consented.

Defendant's Statements

The defendant stated to the court the footage were simply “sex scenes” and disputed it was assault. He said what he did was “a consensual activity”, not assault. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I attempted to cease,” the accused informed the court. “I carried on because he persuaded me.”

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

Survivor's Statement

The victim, who was applauded upon leaving court each day by supporters present to back her, told Dogan in court: “You do not grasp. When will you acknowledge you raped me? It’s a crime to assault an incapacitated woman. At what point did I give you agreement? Not once.”

The victim, seventy-two, became an global icon after she gave up her right to privacy in the trial last year when she said: “The shame should shift.”

Legal Commentary

The prosecutor, addressing the victim in court, said the defendant's unwillingness to take blame showed that: “Shame has not yet changed sides. The community is perhaps in the midst of that, possibly driven by the public consciousness brought by the exposure of your ordeal.”

The prosecutor said Dogan’s claims of blamelessness showed how rape culture was still prevalent in society as part of “archaic” forms of “male domination”. He said: “Now we must change the culture of violence to a society based on agreement.”

Sie said to Dogan: “As long as you reject it, it’s not just a individual, it’s an complete sordid societal structure that you are endorsing.”

Personal History

Dogan was born in Turkey and at the age of 5 moved to France, where his father worked as a building manager. The court heard that his parent was abusive and that Dogan began smoking cannabis aged 10. When Dogan was seventeen he was apprehended by police for selling narcotics and his parent forced him to leave the residence. He was incarcerated in prison for trafficking in his early 20s and had worked as a construction worker but had experienced periods of being unhoused.

He was married and had a son with special needs, who he was the primary guardian for, as his wife worked in a school canteen. The evidence showed his wife did not know he had frequent intimate relations beyond their union. His defence said this was his strategy for managing with his challenging existence. The defendant had told a court psychologist that once a year he sought paid sex on his special day. His legal representatives told the court he had joint inflammation resulting from the stress of the original case.