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A defendant was declared guilty on retrial of raping Gisele Pelicot following she was drugged unconscious by her then-husband – and has had his prison sentence increased to ten years.

Retrial Proceedings

The defendant, 44, an unemployed builder, who had challenged his first conviction last year, underwent a appeal hearing this week at the higher court in Nîmes.

A panel of four women and five men, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her residence in southern France in the morning of June 29, 2019.

The testimony revealed that the accused, a family man, made contact with the victim's spouse, the husband, in an internet forum titled “without her consent”, where Pelicot was seeking men to enter his residence to rape his wife after he had rendered her unconscious into a comatose state.

We expect the jury will say loud and clear that in this nation, fundamental rights are also rights of women – that consent is individual, not delegated,” said the victim's lawyer, her legal representative. “Permission is received directly and not via a representative from a spouse.”

Case History

The husband, one of the worst sex offenders in recent French history, was given a prison term to two decades in prison last year for drugging his spouse and soliciting multiple perpetrators to sexually assault her in her home in the town of the village of Mazan over a period of nearly ten years of their marriage.

Dozens of additional defendants were found guilty in a notable trial last year, and the appellant was the only man to appeal against his verdict. He was originally given a sentence to 9 years in prison, a punishment enhanced on Thursday to a decade.

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

Testimony and Proof

Dogan had first sent the husband sexually explicit photos and then driven an hour from his town in the region to rape the victim, after telling his wife he was leaving, the testimony revealed.

The ex-husband, who was transported from isolation in prison to briefly give evidence at the appeal trial, informed the court that the accused had known his wife had been “sedated” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious without her consent.”

The trial became a central issue for a broader debate on societal attitudes in society as Dogan continued to claim he was innocent and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had welcomed him into the residence, his actions had been acceptable.

The panel in the higher court was displayed video evidence of the victim's unresponsive form, unconscious and breathing heavily in a unconscious condition, while a smiling the perpetrator engaged in violation repeatedly over a timeframe of what police said was three and a half hours. The presiding judge said she had been at risk of fatal outcome by choking. The state prosecution said there was no question that she had been unconscious and had not agreed.

Defendant's Statements

Dogan informed the court the footage were simply “sex scenes” and disputed it was rape. He said what he did was “an intimate behavior”, not rape. He told the court: “I did not commit rape.” He said the victim's husband had allowed him to the house, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I proceeded because he convinced me.”

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

Victim's Response

Gisèle Pelicot, who was supported upon exiting the courtroom each day by crowds assembled to support her, addressed the defendant in court: “You do not grasp. When will you admit you violated me? It’s a crime to assault an unconscious woman. When did I ever give you permission? At no time.”

The victim, seventy-two, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, speaking to the victim in court, said Dogan’s refusal to take blame showed that: “Shame has not yet changed sides. The public is possibly in the process of that, perhaps driven by the collective awareness spurred by the publication of your case.”

Sie said Dogan’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 rape culture to a society based on agreement.”

The prosecutor addressed Dogan: “As long as you reject it, it’s not just a woman, it’s an entire unpleasant cultural framework that you are supporting.”

Defendant's Background

Dogan was born in Turkey and at the age of 5 moved to France, where his parent worked as a building manager. The court heard that his father was violent and that the defendant began consuming marijuana at the age of ten. When he was seventeen he was caught by police for dealing drugs and his father kicked him out of home. He was incarcerated in prison for trafficking in his young adulthood and had worked as a construction worker but had undergone periods of homelessness.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had frequent extramarital activities beyond their marriage. His legal team said this was his method of dealing with his difficult circumstances. The defendant had stated to a mental health expert that annually he sought commercial sex on his birthday. His attorneys informed the court he had a medical condition caused by the stress of the original case.