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A man was declared guilty on appeal of raping Gisele Pelicot after she was sedated by her spouse – and has had his prison sentence extended to 10 years.

Retrial Proceedings

The defendant, forty-four, an unemployed builder, who had challenged his initial guilty verdict last year, experienced a new trial this week at the Nîmes court of appeal.

A jury of nine jurors, accompanied by three judges, convicted Dogan on Thursday of raping the victim in her home in Provence in the early hours of 29 June 2019.

The court heard that the accused, a family man, connected with the victim's spouse, Dominique Pelicot, in an digital platform named “unbeknownst to her”, where the husband was recruiting men to visit his house to rape his wife once he had drugged her into a deep sleep.

We trust the court will say loud and clear that in this nation, fundamental rights are also women’s rights – that agreement is personal, not delegated,” said the victim's lawyer, her legal representative. “Agreement is received personally and not by proxy from a husband.”

Case History

The husband, one of the worst sexual predators in France's contemporary records, was given a prison term to 20 years in prison last year for incapacitating his spouse and inviting numerous individuals to sexually assault her in her home in the town of the village of Mazan over a span of almost a decade of their marriage.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and the appellant was the single defendant to challenge his sentence. He was originally sentenced to nine years in prison, a penalty raised on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had argued he should serve twelve years, because he “absolutely refuses to take any accountability”.

Evidence Presented

The defendant had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his residence in the region to assault the victim, after notifying his wife he was leaving, the evidence indicated.

Pelicot, who was brought from solitary confinement in prison to temporarily testify at the hearing, told the court that the accused had been aware his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve sedated her without her consent.”

The proceedings became a focus point for a broader debate on societal attitudes in society as Dogan continued to say he was innocent and had not committed rape, stating that because Gisèle Pelicot’s husband had welcomed him into the room, his conduct had been acceptable.

The jury in the Nîmes appeals court was displayed visual proof of the victim's limp body, comatose and snoring in a unconscious condition, while a grinning the perpetrator performed assault repeatedly over a timeframe of what authorities reported was 3.5 hours. The judge said she had been at danger of death by asphyxiation. The state prosecution said there was no doubt that she had been incapacitated and had not agreed.

Defendant's Statements

Dogan informed the court the recordings were simply “sex scenes” and disputed it was rape. He said what he did was “a sexual act”, not assault. He stated the court: “I am innocent of assault.” He said the victim's husband had invited him to the home, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I carried on because he convinced me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to hurt that individual.”

Victim's Response

The victim, who was cheered upon leaving court each day by onlookers present to support her, said to the defendant in court: “You haven’t understood. When will you admit you raped me? It is illegal to assault an incapacitated woman. How could I have give you permission? Not once.”

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

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s failure to take accountability showed that: “Shame has not yet changed sides. The public is possibly in the process of that, possibly motivated by the public consciousness spurred by the exposure of your case.”

Sie said the defendant's claims of non-guilt showed how rape culture was still widespread in society as part of “old-fashioned” forms of “patriarchal control”. He said: “Now we must change rape culture to a ethos of permission.”

The prosecutor addressed the defendant: “As long as you refuse to admit it, it’s not just a individual, it’s an whole unpleasant cultural framework that you are supporting.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of 5 came to the nation of France, where his father worked as a concierge. The court heard that his parent was aggressive and that the defendant began smoking cannabis at the age of 10. When he was 17 he was apprehended by police for drug trafficking and his parent forced him to leave the family house. He spent time in prison for narcotics offenses in his twenties and had worked as a builder but had undergone periods of homelessness.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his wife worked in a educational cafeteria. The evidence showed his spouse did not know he had regular extramarital activities outside their union. His defence said this was his way of coping with his challenging existence. Dogan had told a court psychologist that each year he looked for transactional encounters on his birthday. His lawyers informed the court he had arthritis triggered by the stress of the initial proceedings.