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A man was declared guilty on retrial of raping Gisele Pelicot following she was sedated by her spouse – and received his jail term increased to ten years.

Retrial Proceedings

The defendant, forty-four, an out-of-work construction worker, who had appealed his initial guilty verdict last year, underwent a appeal hearing this week at the Nîmes court of appeal.

A jury of five men and four women, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her residence in southern France in the early hours of June 29, 2019.

The testimony revealed that Dogan, a married father, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an digital platform called “without her consent”, where Pelicot was seeking men to enter his residence to rape his wife once he had drugged her into a deep sleep.

We expect the jury will affirm that in this society, fundamental rights are also women’s rights – that consent is personal, not given by another,” declared the victim's lawyer, her legal representative. “Permission is secured directly and not via a representative from a spouse.”

Case History

Dominique Pelicot, among the most severe sexual predators in recent French history, was handed a sentence to twenty years in prison last year for drugging his then wife and inviting dozens of men to rape her in her home in the town of Mazan over a duration of almost a decade of their union.

Numerous other individuals were found culpable in a high-profile trial last year, and Dogan was the sole individual to contest his conviction. He was first given a sentence to 9 years in prison, a punishment raised on Thursday to a decade.

The chief prosecutor, the prosecutor, had stated he should serve 12 years, because he “absolutely refuses to take any accountability”.

Courtroom Details

Dogan had initially sent Dominique Pelicot graphic images and then traveled an hour from his town in the region to assault Gisèle Pelicot, after notifying his wife he was leaving, the testimony revealed.

Pelicot, who was brought from solitary confinement in prison to briefly testify at the appeal trial, informed the court that Dogan had understood his wife had been “drugged” and he said to men by phone: “I’m looking for someone to violate my wife after I’ve sedated her without her knowledge.”

The trial became a central issue for a broader debate on sexual violence norms in society as Dogan continued to claim he was innocent and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his behavior had been justifiable.

The panel in the Nîmes appeals court was presented with visual proof of the victim's unconscious figure, comatose and snoring in a deep sleep, while a smiling Dogan engaged in violation on several occasions over a duration of what police said was 3.5 hours. The judge said she had been at danger of death by suffocation. The prosecution said there was no doubt that she had been unaware and had not consented.

Defendant's Statements

Dogan informed the court the footage were simply “sex scenes” and disputed it was violation. He said what he did was “a sexual act”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan informed the court. “I carried on because he reassured me.”

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

Survivor's Statement

The survivor, who was supported upon exiting the courtroom each day by supporters present to back her, told the defendant in court: “You haven’t understood. When will you admit you assaulted me? It’s a crime to rape an unaware woman. At what point did I give you agreement? Never.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, turning to Gisèle Pelicot in court, said the defendant's unwillingness to take responsibility showed that: “Shame has not yet changed sides. Society is perhaps in the course of that, perhaps driven by the societal understanding spurred by the revelation of your situation.”

Sie said the defendant's claims of blamelessness showed how societal tolerance was still prevalent in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

Sie told Dogan: “For as much as you refuse to admit it, it’s not just a individual, it’s an whole sordid cultural framework that you are supporting.”

Personal History

The accused was originated from Turkey and at the age of 5 came to France, where his father worked as a concierge. The testimony revealed that his parent was violent and that Dogan began smoking cannabis aged 10. When Dogan was seventeen he was stopped by authorities for dealing drugs and his father forced him to leave the family house. He was incarcerated in prison for trafficking in his young adulthood and had worked as a builder but had faced periods of being unhoused.

He was wed and had a son with a genetic condition, who he was the main caregiver for, as his wife worked in a school canteen. The evidence showed his wife did not know he had regular extramarital activities outside their marriage. His legal team said this was his method of dealing with his challenging existence. Dogan had stated to a mental health expert that once a year he engaged in commercial sex on his special day. His attorneys stated to the court he had a medical condition caused by the anxiety of the original case.