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A defendant has been found guilty on retrial of raping Gisele Pelicot after she was sedated by her then-husband – and was given his jail term raised to ten years.

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had appealed his first conviction last year, underwent a appeal hearing this week at the Nîmes court of appeal.

A panel of four women and five men, joined by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her bedroom in Provence in the morning of 29 June 2019.

The evidence showed that Dogan, a family man, made contact with the victim's spouse, the husband, in an internet forum named “unbeknownst to her”, where Pelicot was looking for men to come to his home to assault his wife once he had rendered her unconscious into a comatose state.

We expect the jury will affirm that in this country, fundamental rights are also rights of women – that agreement is personal, not given by another,” stated Gisèle Pelicot’s attorney, her legal representative. “Agreement is secured personally and not by proxy from a spouse.”

Case History

Dominique Pelicot, one of the worst sex offenders in France's contemporary records, was handed a sentence to two decades in prison last year for incapacitating his spouse and bringing in multiple perpetrators to sexually assault her in her home in the town of Mazan over a duration of almost a decade of their marriage.

Numerous other individuals were found culpable in a notable trial last year, and Dogan was the only man to challenge his conviction. He was originally sentenced to 9 years in prison, a sentence increased on Thursday to ten years.

The lead state prosecutor, the prosecutor, had contended he should serve 12 years, because he “completely denies to take any accountability”.

Testimony and Proof

The defendant had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his residence in the region to assault the victim, after telling his wife he was stepping out, the court heard.

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

The trial became a central issue for a broader debate on societal attitudes in society as Dogan continued to assert he was blameless and had not perpetrated assault, stating that because the victim's husband had invited him into the room, his behavior had been permissible.

The jury in the higher court was presented with visual proof of the victim's unconscious figure, sedated and snoring in a unconscious condition, while a smiling Dogan performed assault multiple times over a timeframe of what police said was several hours. The judge said she had been at risk of fatal outcome by asphyxiation. The prosecution said there was no question that she had been unaware and had not agreed.

Dogan's Claims

The defendant stated to the court the videos were simply “intimate moments” and disputed it was violation. He said what he did was “a consensual activity”, not assault. He told the court: “I am innocent of assault.” He said the victim's husband had invited him to the residence, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I tried to halt,” the accused stated to the court. “I carried on because he persuaded me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I did not intend to injure that lady.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by crowds gathered to back her, addressed Dogan in court: “You fail to comprehend. When are you going to recognise you violated me? It is unlawful to rape an incapacitated woman. At what point did I give you agreement? 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

Sie, addressing the victim in court, said the defendant's unwillingness to take accountability showed that: “Guilt has not shifted. Society is maybe in the midst of that, possibly driven by the public consciousness resulting from the exposure of your ordeal.”

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

The prosecutor said to Dogan: “For as much as you deny it, it’s not just a woman, it’s an complete sordid cultural framework that you are upholding.”

Defendant's Background

Dogan was originated from Turkey and at the age of 5 moved to France, where his parent worked as a concierge. The testimony revealed that his father was violent and that Dogan began consuming marijuana at the age of 10. When Dogan was 17 he was stopped by authorities for dealing drugs and his father forced him to leave the residence. He spent time in prison for trafficking in his early 20s and had worked as a builder but had undergone periods of being unhoused.

He was wed and had a child with special needs, who he was the primary guardian for, as his spouse worked in a school canteen. The court heard his wife did not know he had repeated intimate relations beyond their marriage. His legal team said this was his way of coping with his challenging existence. Dogan had informed a court psychologist that once a year he looked for transactional encounters on his birthday. His lawyers told the court he had arthritis resulting from the pressure of the original case.