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A man was declared guilty on retrial of raping Gisèle Pelicot after she was drugged unconscious by her husband – and has had his prison sentence increased to 10 years.

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, faced a retrial this week at the appeals court in Nîmes.

A panel of five men and four women, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her home in the south of France in the early hours of 29 June 2019.

The court heard that Dogan, a family man, made contact with Gisèle Pelicot’s then husband, the husband, in an digital platform titled “without her consent”, where the husband was recruiting men to enter his residence to assault his wife after he had drugged her into a comatose state.

We expect the court will say loud and clear that in this country, fundamental rights are also women’s rights – that agreement is individual, not given by another,” declared Gisèle Pelicot’s attorney, her legal representative. “Permission is received directly and not through someone else from a spouse.”

Case History

Dominique Pelicot, among the most severe sexual predators in modern French history, was sentenced to twenty years in prison last year for drugging his then wife and inviting multiple perpetrators to sexually assault her in her home in the community of the village of Mazan over a span of nearly ten years of their union.

Dozens of additional defendants were found guilty in a widely publicized trial last year, and the appellant was the sole individual to contest his sentence. He was first sentenced to 9 years in prison, a sentence raised on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had contended he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Evidence Presented

Dogan had initially sent the husband inappropriate pictures and then traveled an hour from his residence in Provence to rape the victim, after informing his wife he was stepping out, the testimony revealed.

Pelicot, who was brought from isolation in prison to temporarily give evidence at the hearing, told the court that the accused had been aware his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to assault my wife after I’ve sedated her without her consent.”

The courtroom became a focus point for a larger conversation on societal attitudes in society as the defendant continued to claim he was blameless and had not committed rape, arguing that because Gisèle Pelicot’s husband had allowed him into the room, his conduct had been acceptable.

The panel in the Nîmes appeals court was shown visual proof of the victim's limp body, comatose and snoring in a unconscious condition, while a smiling Dogan performed assault on several occasions over a period of what investigators stated was 3.5 hours. The court official said she had been at peril of fatal outcome by asphyxiation. The state prosecution said there was absolute certainty that she had been incapacitated and had not given permission.

Accused's Testimony

The defendant stated to the court the videos were simply “sexual encounters” and disputed it was rape. He said what he did was “a sexual act”, not assault. He told the court: “I am innocent of assault.” He said the victim's husband had allowed him to the home, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan informed the court. “I proceeded because he convinced me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I did not intend to harm that woman.”

Survivor's Statement

The survivor, who was applauded upon departing the trial each day by crowds present to stand with her, told Dogan in court: “You haven’t understood. When are you going to recognise you raped me? It’s a crime to assault an incapacitated woman. At what point did I give you permission? Not once.”

The victim, 72, became an international feminist hero after she gave up her right to privacy in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said Dogan’s refusal to take blame showed that: “Guilt has not shifted. Society is maybe in the midst of that, possibly driven by the collective awareness resulting from the publication of your situation.”

The prosecutor said Dogan’s claims of blamelessness showed how normalized violence was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “We need to change rape culture to a ethos of permission.”

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

Biographical Details

Dogan was originated from the country of Turkey and at the age of five moved to France, where his parent worked as a concierge. The testimony revealed that his parent was violent and that Dogan began smoking cannabis at the age of 10. When Dogan was 17 he was apprehended by authorities for drug trafficking and his parent forced him to leave the family house. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a construction worker but had faced periods of living on the streets.

He was wed and had a son with a genetic condition, who he was the principal carer for, as his wife worked in a educational cafeteria. The testimony revealed his spouse did not know he had repeated intimate relations outside their marriage. His legal team said this was his strategy for managing with his difficult circumstances. The defendant had told a evaluator that each year he looked for transactional encounters on his birthday. His lawyers informed the court he had arthritis triggered by the anxiety of the original case.