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A man was convicted on higher court review of sexually assaulting Gisele Pelicot following she was drugged unconscious by her then-husband – and received his jail term raised to a decade.

Retrial Proceedings

Dogan, 44, an out-of-work construction worker, who had appealed his first conviction last year, faced a retrial this week at the Nîmes court of appeal.

A panel of four women and five men, joined by three judges, ruled against Dogan on Thursday of raping Pelicot in her home in southern France in the morning of June 29, 2019.

The court heard that Dogan, a married father, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom called “without her knowledge”, where the husband was looking for men to visit his house to rape his wife once he had drugged her into a unconscious state.

We expect the court will say loud and clear that in this country, fundamental rights are also women’s rights – that consent is personal, not given by another,” said Gisèle Pelicot’s lawyer, her legal representative. “Permission is secured personally and not by proxy from a husband.”

Case History

Dominique Pelicot, among the most severe sex offenders in France's contemporary records, was sentenced to 20 years in prison last year for sedating his wife at the time and soliciting dozens of men to sexually assault her in her home in the community of the village of Mazan over a duration of many years of their marriage.

Dozens of additional defendants were found guilty in a high-profile trial last year, and Dogan was the single defendant to challenge his conviction. He was originally sentenced to nine years in prison, a punishment raised on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had contended he should serve twelve years, because he “completely denies to take any accountability”.

Courtroom Details

Dogan had first sent Dominique Pelicot graphic images and then traveled an hour from his town in the region to rape Gisèle Pelicot, after informing his wife he was leaving, the evidence indicated.

Pelicot, who was transported from segregation in prison to temporarily testify at the hearing, stated to the court that Dogan had known his wife had been “drugged” and he told to men by phone: “I seek someone to abuse 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 Dogan continued to claim he was blameless and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had welcomed him into the residence, his behavior had been acceptable.

The panel in the higher court was displayed video evidence of the victim's unconscious figure, sedated and breathing heavily in a comatose state, while a smiling Dogan engaged in violation multiple times over a duration of what police said was several hours. The judge said she had been at danger of death by choking. The state's case said there was absolute certainty that she had been unconscious and had not agreed.

Dogan's Claims

The defendant informed the court the videos were simply “sex scenes” and denied it was violation. He said what he did was “an intimate behavior”, not assault. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I attempted to cease,” Dogan stated to the court. “I carried on because he persuaded me.”

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

Victim's Response

Gisèle Pelicot, who was cheered upon departing the trial each day by supporters present to stand with her, addressed the defendant in court: “You do not grasp. When are you going to recognise you raped me? It’s a crime to rape an incapacitated woman. How could I have give you agreement? Not once.”

Gisèle Pelicot, 72, became an global icon after she relinquished her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “Guilt has not shifted. The public is maybe in the course of that, possibly motivated by the societal understanding brought by the revelation of your situation.”

Sie said the defendant's claims of blamelessness showed how societal tolerance was still common in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

Sie told the defendant: “As long as you deny it, it’s not just a person, it’s an whole disturbing social system that you are endorsing.”

Biographical Details

Dogan was born in the country of Turkey and at the age of five relocated to France, where his parent worked as a caretaker. The testimony revealed that his parent was abusive and that Dogan began consuming marijuana at the age of ten. When he was seventeen he was caught by authorities for dealing drugs and his father evicted him of home. He was incarcerated in prison for trafficking in his young adulthood and had worked as a laborer but had faced periods of being unhoused.

He was married and had a son with a genetic condition, who he was the primary guardian for, as his spouse worked in a school canteen. The evidence showed his spouse did not know he had repeated intimate relations beyond their marriage. His defence said this was his strategy for managing with his difficult circumstances. Dogan had stated to a evaluator that annually he sought commercial sex on his birthday. His lawyers stated to the court he had joint inflammation resulting from the anxiety of the initial proceedings.