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A defendant was declared guilty on retrial of sexually assaulting Gisele Pelicot after she was drugged unconscious by her then-husband – and received his prison sentence increased to ten years.

Higher Court Case

Dogan, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, underwent a new trial this week at the higher court in Nîmes.

A jury of five men and four women, joined by three judges, found Dogan guilty on Thursday of raping the victim in her residence in southern France in the morning of 29 June 2019.

The testimony revealed that Dogan, a family man, connected with Gisèle Pelicot’s spouse, the husband, in an online chatroom titled “without her consent”, where the husband was seeking men to come to his home to rape his wife after he had drugged her into a deep sleep.

“We hope the jury will affirm that in this nation, fundamental rights are also rights of women – that agreement is personal, not delegated,” said the victim's attorney, her legal representative. “Permission is obtained directly and not through someone else from a spouse.”

Case History

The ex-husband, among the most severe sex offenders in modern French history, was given a prison term to 20 years in prison last year for drugging his wife at the time and inviting dozens of men to rape her in her home in the community of the village of Mazan over a period of many years of their union.

Numerous other individuals were found guilty in a notable trial last year, and the appellant was the sole individual to challenge his verdict. He was initially handed a term to nine years in prison, a sentence increased on Thursday to 10 years.

The state's attorney, Dominique Sie, had stated he should serve 12 years, because he “completely denies to take any responsibility”.

Courtroom Details

Dogan had first sent the husband inappropriate pictures and then traveled an hour from his village in the region to rape Gisèle Pelicot, after informing his wife he was going out, the court heard.

Pelicot, who was brought from solitary confinement in prison to briefly give evidence at the retrial, informed the court that Dogan had been aware his wife had been “incapacitated” and he said to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a key topic for a larger conversation on rape culture in society as Dogan continued to say he was blameless and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had welcomed him into the room, his behavior had been acceptable.

The panel in the higher court was presented with video evidence of Gisèle Pelicot’s unconscious figure, sedated and snoring in a comatose state, while a grinning the perpetrator performed assault repeatedly over a duration of what police said was three and a half hours. The court official said she had been at peril of death by asphyxiation. The state's case 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 “intimate moments” and rejected it was rape. He said what he did was “a consensual activity”, not rape. He told the court: “I am innocent of assault.” He said the victim's husband had brought him to the residence, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I tried to halt,” the accused stated to the court. “I continued because he reassured me.”

Asked if he wanted to make a last words to the court, Dogan said: “I never wanted to injure that lady.”

Pelicot's Words

The survivor, who was supported upon exiting the courtroom each day by crowds assembled to stand with her, told Dogan in court: “You fail to comprehend. When will you admit you raped me? It’s a crime to assault an unconscious woman. At what point did I give you consent? At no time.”

Gisèle Pelicot, seventy-two, became an global icon after she waived her right to confidentiality in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, speaking to Gisèle Pelicot in court, said Dogan’s refusal to take accountability showed that: “Shame has not yet changed sides. Society is maybe in the process of that, possibly motivated by the societal understanding brought by the publication of your situation.”

Sie said the defendant's claims of non-guilt showed how societal tolerance was still widespread in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

Sie said to Dogan: “As long as you refuse to admit it, it’s not just a individual, it’s an complete disturbing societal structure that you are upholding.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of five moved to the nation of France, where his parent worked as a concierge. The testimony revealed that his father was abusive and that the defendant began consuming marijuana at the age of 10. When Dogan was seventeen he was stopped by police for dealing drugs and his father forced him to leave the residence. He served time in prison for trafficking in his early 20s and had worked as a laborer but had undergone periods of being unhoused.

He was married and had a son with Down’s syndrome, who he was the principal carer for, as his spouse worked in a school canteen. The testimony revealed his spouse did not know he had regular extramarital activities beyond their marriage. His legal team said this was his method of dealing with his challenging existence. Dogan had told a evaluator that each year he looked for paid sex on his special day. His attorneys stated to the court he had a medical condition caused by the anxiety of the initial proceedings.