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An individual was convicted on retrial of raping Gisèle Pelicot after she was sedated by her then-husband – and received his jail term extended to 10 years.

Retrial Proceedings

Dogan, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, experienced a appeal hearing 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 sexually assaulting the victim in her home in southern France in the morning of June 29, 2019.

The evidence showed that the accused, a married father, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an digital platform called “unbeknownst to her”, where Pelicot was recruiting men to visit his house to assault his wife after he had drugged her into a unconscious state.

“We hope the jury will say loud and clear that in this society, human rights are also rights of women – that permission is personal, not given by another,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is obtained personally and not through someone else from a spouse.”

Case History

The ex-husband, one of the worst sex offenders in modern French history, was given a prison term to twenty years in prison last year for sedating his spouse and bringing in dozens of men to sexually assault her in her home in the Provence village of Mazan over a duration of many years of their marriage.

Numerous other individuals were found culpable in a notable trial last year, and the appellant was the only man to contest his conviction. He was first handed a term to 9 years in prison, a punishment raised on Thursday to a decade.

The state's attorney, the prosecutor, had argued he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

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

Pelicot, who was transported from solitary confinement in prison to briefly provide testimony at the hearing, stated to the court that the accused had been aware his wife had been “incapacitated” and he told to men by phone: “I want someone to assault my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a central issue for a larger conversation on rape culture in society as the defendant continued to say he was blameless and had not perpetrated assault, stating that because the victim's husband had welcomed him into the residence, his actions had been acceptable.

The jury in the higher court was displayed video evidence of Gisèle Pelicot’s unresponsive form, comatose and snoring in a comatose state, while a smiling the perpetrator committed rape on several occasions over a duration of what investigators stated was several hours. The judge said she had been at risk of fatal outcome by choking. The state's case said there was no doubt that she had been incapacitated and had not given permission.

Defendant's Statements

Dogan informed the court the footage were simply “sex scenes” and denied it was assault. He said what he did was “a sexual act”, not rape. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was acceptable. He said he was manipulated by the husband. “I attempted to cease,” the accused stated to the court. “I carried on because he reassured me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to injure that woman.”

Pelicot's Words

The survivor, who was cheered upon exiting the courtroom each day by onlookers assembled to support her, said to the defendant in court: “You fail to comprehend. When are you going to recognise you assaulted me? It is illegal to rape an unconscious woman. At what point did I give you agreement? At no time.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she relinquished her right to privacy in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, addressing the victim in court, said the defendant's unwillingness to take responsibility showed that: “The shame remains. Society is maybe in the process of that, perhaps motivated by the societal understanding resulting from the revelation of your ordeal.”

Sie said Dogan’s claims of non-guilt showed how normalized violence was still common in society as part of “old-fashioned” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a culture of consent.”

The prosecutor addressed the defendant: “For as much as you reject it, it’s not just a person, it’s an entire disturbing societal structure that you are endorsing.”

Biographical Details

The accused was born in the country of Turkey and at the age of 5 relocated to France, where his father worked as a concierge. The court heard that his parent was aggressive and that Dogan began smoking cannabis at the age of 10. When Dogan was seventeen he was caught by police for selling narcotics and his parent kicked him out of home. He served time in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had experienced periods of homelessness.

He was married and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The testimony revealed his spouse did not know he had regular extramarital activities outside their marriage. His defence said this was his strategy for managing with his stressful life. The defendant had stated to a court psychologist that each year he sought paid sex on his birthday. His attorneys told the court he had a medical condition resulting from the pressure of the first trial.