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An individual was declared guilty on retrial of raping Gisele Pelicot following she was sedated by her husband – and has had his incarceration period increased to 10 years.

Higher Court Case

The defendant, forty-four, an unemployed builder, who had challenged his first conviction last year, experienced a retrial this week at the Nîmes court of appeal.

A panel of nine jurors, joined by three judges, convicted Dogan on Thursday of raping Pelicot in her bedroom in the south of France in the early hours of June 29, 2019.

The testimony revealed that the accused, a family man, made contact with the victim's husband at the time, Dominique Pelicot, in an online chatroom titled “unbeknownst to her”, where the husband was seeking men to visit his house to assault his wife after he had rendered her unconscious into a unconscious state.

We expect the court will affirm that in this society, fundamental rights are also rights of women – that permission is individual, not transferred,” said Gisèle Pelicot’s lawyer, her legal representative. “Consent is secured personally and not through someone else from a spouse.”

Case History

The ex-husband, a notorious sexual predators in France's contemporary records, was given a prison term to twenty years in prison last year for incapacitating his then wife and inviting multiple perpetrators to rape her in her home in the town of Mazan over a period of many years of their marriage.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and the appellant was the sole individual to challenge his conviction. He was initially given a sentence to nine years in prison, a penalty increased on Thursday to ten years.

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

Courtroom Details

Dogan had initially sent the husband graphic images and then traveled an hour from his town in the region to rape the victim, after telling his wife he was going out, the testimony revealed.

The ex-husband, who was brought from segregation in prison to briefly testify at the hearing, told the court that Dogan had known his wife had been “drugged” and he said to men by phone: “I want someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a central issue for a wider discussion on rape culture in society as the defendant continued to say he was innocent and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had invited him into the residence, his conduct had been acceptable.

The jury in the higher court was shown recorded footage of the victim's limp body, comatose and breathing heavily in a comatose state, while a smiling the perpetrator performed assault repeatedly over a period of what police said was 3.5 hours. The judge said she had been at peril of death by asphyxiation. The prosecution said there was absolute certainty that she had been unconscious and had not agreed.

Defendant's Statements

The defendant stated to the court the footage were simply “sexual encounters” and disputed it was violation. He said what he did was “a consensual activity”, not rape. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was acceptable. He said he was manipulated by the husband. “I tried to halt,” the accused told the court. “I continued because he reassured me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to harm that woman.”

Pelicot's Words

The survivor, who was supported upon exiting the courtroom each day by supporters gathered to stand with her, addressed the defendant in court: “You haven’t understood. When will you acknowledge you assaulted me? It’s a crime to assault an incapacitated woman. How could I have give you consent? At no time.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, addressing the victim in court, said Dogan’s failure to take responsibility showed that: “Guilt has not shifted. The public is perhaps in the midst of that, perhaps motivated by the societal understanding brought by the exposure of your case.”

Sie said Dogan’s claims of blamelessness showed how normalized violence was still prevalent in society as part of “old-fashioned” forms of “gender-based power”. He said: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor addressed Dogan: “While you reject it, it’s not just a person, it’s an entire unpleasant social system that you are supporting.”

Biographical Details

The accused was born in Turkey and at the age of five came to the nation of France, where his father worked as a concierge. The court heard that his father was abusive and that Dogan began consuming marijuana aged ten. When he was seventeen he was stopped by authorities for drug trafficking and his parent forced him to leave of home. He spent time in prison for trafficking in his young adulthood and had worked as a laborer but had faced periods of homelessness.

He was married and had a son with a genetic condition, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The court heard his wife did not know he had repeated extramarital activities outside their union. His legal team said this was his method of dealing with his difficult circumstances. Dogan had stated to a court psychologist that annually he looked for transactional encounters on his birthday. His legal representatives stated to the court he had a medical condition triggered by the stress of the first trial.