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An individual has been found guilty on appeal of raping Gisèle Pelicot after she was drugged unconscious by her spouse – and has had his prison sentence raised to ten years.

Retrial Proceedings

The defendant, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, experienced a new trial this week at the higher court in Nîmes.

A jury of four women and five men, sitting with three judges, found Dogan guilty on Thursday of raping the victim in her bedroom in the south of France in the morning of June 29, 2019.

The evidence showed that the accused, a married father, reached out to the victim's then husband, the husband, in an digital platform called “without her consent”, where Pelicot was looking for men to visit his house to rape his wife after he had rendered her unconscious into a deep sleep.

We expect the panel will affirm that in this society, fundamental rights are also rights of women – that permission is personal, not transferred,” declared the victim's lawyer, her legal representative. “Consent is received personally and not through someone else from a husband.”

Case History

The husband, among the most severe sexual predators in recent French history, was handed a sentence to two decades in prison last year for incapacitating his then wife and bringing in numerous individuals to rape her in her home in the community of the village of Mazan over a duration of nearly ten years of their marriage.

Fifty other men were found convicted in a widely publicized trial last year, and the appellant was the sole individual to contest his verdict. He was initially handed a term to 9 years in prison, a sentence raised on Thursday to a decade.

The chief prosecutor, the prosecutor, had stated he should serve 12 years, because he “completely denies to take any responsibility”.

Courtroom Details

Dogan had first sent Dominique Pelicot graphic images and then driven an hour from his residence in the region to assault the victim, after informing his wife he was stepping out, the evidence indicated.

Pelicot, who was brought from solitary confinement in prison to temporarily testify at the appeal trial, informed the court that Dogan had known his wife had been “drugged” and he said to men by phone: “I seek someone to abuse my wife after I’ve sedated her without her consent.”

The courtroom became a key topic for a larger conversation on rape culture in society as the defendant continued to say he was not guilty and had not perpetrated assault, arguing that because the victim's husband had welcomed him into the bedroom, his conduct had been permissible.

The jury in the higher court was presented with visual proof of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a unconscious condition, while a grinning the perpetrator engaged in violation on several occasions over a duration of what authorities reported was three and a half hours. The court official said she had been at danger of fatal outcome by choking. The state's case said there was no question that she had been unaware and had not consented.

Dogan's Claims

The defendant stated to the court the videos were simply “intimate moments” and denied it was rape. He said what he did was “a sexual act”, not rape. He told the court: “I never raped.” He said the victim's husband had invited him to the home, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I wanted to stop,” Dogan told the court. “I proceeded because he reassured me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to harm that individual.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by crowds gathered to back her, said to Dogan in court: “You haven’t understood. When are you going to recognise you violated me? It is unlawful to assault an incapacitated woman. At what point did I give you agreement? Never.”

Gisèle Pelicot, 72, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, speaking to Gisèle Pelicot in court, said the defendant's refusal to take responsibility showed that: “Shame has not yet changed sides. The public is possibly in the process of that, possibly driven by the societal understanding brought by the publication of your ordeal.”

The prosecutor said the defendant's claims of non-guilt showed how normalized violence was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

The prosecutor told Dogan: “While you deny it, it’s not just a person, it’s an complete unpleasant societal structure that you are endorsing.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five came to the nation of France, where his parent worked as a building manager. The evidence indicated that his father was abusive and that the defendant began smoking cannabis aged 10. When he was 17 he was stopped by authorities for drug trafficking and his parent evicted him the residence. He spent time in prison for drug dealing in his young adulthood and had worked as a construction worker but had undergone periods of homelessness.

He was married and had a son with a genetic condition, who he was the primary guardian for, as his wife worked in a institution's dining hall. The court heard his wife did not know he had regular intimate relations outside their union. His legal team said this was his way of coping with his difficult circumstances. The defendant had informed a evaluator that once a year he looked for paid sex on his special day. His legal representatives informed the court he had joint inflammation triggered by the stress of the original case.