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A defendant was declared guilty on appeal of raping Gisele Pelicot after she was sedated by her then-husband – and has had his jail term increased to a decade.

Retrial Proceedings

Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, faced a new trial this week at the appeals court in Nîmes.

A jury of five men and four women, joined by three judges, convicted Dogan 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 the accused, a married father, reached out to the victim's spouse, the husband, in an internet forum called “without her knowledge”, where the husband was seeking men to enter his residence to assault his wife once he had rendered her unconscious into a unconscious state.

“We hope the court will say loud and clear that in this country, 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

Dominique Pelicot, a notorious sexual predators in recent French history, was given a prison term to two decades in prison last year for sedating his wife at the time and soliciting multiple perpetrators to sexually assault her in her home in the town of Mazan over a span of many years of their union.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and the appellant was the sole individual to challenge his verdict. He was initially handed a term to 9 years in prison, a punishment increased on Thursday to a decade.

The lead state prosecutor, the prosecutor, had contended he should serve 12 years, because he “completely denies to take any responsibility”.

Testimony and Proof

The defendant had initially sent the husband inappropriate pictures and then driven an hour from his town in the region to assault the victim, after telling his wife he was leaving, the court heard.

Pelicot, who was brought from isolation in prison to briefly testify at the retrial, informed the court that the accused had been aware his wife had been “sedated” and he communicated to men by phone: “I want someone to abuse my wife after I’ve put her to sleep without her knowledge.”

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

The jury in the Nîmes appeals court was presented with video evidence of the victim's limp body, unconscious and breathing heavily in a deep sleep, while a smiling the perpetrator engaged in violation on several occasions over a period of what investigators stated was 3.5 hours. The court official said she had been at risk of death by asphyxiation. The state's case said there was no question that she had been incapacitated and had not consented.

Dogan's Claims

The defendant told the court the recordings were simply “sexual encounters” and denied it was assault. He said what he did was “a sexual act”, not assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I tried to halt,” Dogan stated to the court. “I continued because he convinced me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I had no desire to injure that individual.”

Pelicot's Words

The survivor, who was applauded upon departing the trial each day by supporters present to support her, addressed Dogan in court: “You haven’t understood. When will you admit you raped me? It is unlawful to assault an incapacitated woman. When did I ever give you consent? Not once.”

The victim, 72, became an international feminist hero after she gave up her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said Dogan’s refusal to take responsibility showed that: “Shame has not yet changed sides. Society is possibly in the process of that, possibly propelled by the public consciousness spurred by the exposure of your situation.”

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 “male domination”. He said: “We need to change rape culture to a society based on agreement.”

The prosecutor told the defendant: “While you refuse to admit it, it’s not just a person, it’s an entire disturbing societal structure that you are endorsing.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five relocated to the nation of France, where his parent worked as a building manager. The evidence indicated that his parent was violent and that the defendant began consuming marijuana aged 10. When he was 17 he was apprehended by authorities for selling narcotics and his father forced him to leave the family house. He served time in prison for drug dealing in his early 20s and had worked as a builder but had experienced periods of being unhoused.

He was wed and had a son with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had regular intimate relations beyond their union. His legal team said this was his way of coping with his difficult circumstances. Dogan had stated to a evaluator that annually he looked for transactional encounters on his birthday. His legal representatives told the court he had a medical condition triggered by the anxiety of the initial proceedings.