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A man was convicted on retrial of raping Gisèle Pelicot after she was sedated by her then-husband – and received his jail term raised to 10 years.

Retrial Proceedings

Dogan, forty-four, an unemployed builder, who had contested his first conviction last year, experienced a new trial this week at the higher court in Nîmes.

A panel of five men and four women, sitting with three judges, ruled against Dogan on Thursday of raping Pelicot in her residence in Provence in the morning of June 29, 2019.

The testimony revealed that Dogan, a family man, made contact with the victim's spouse, the husband, in an internet forum named “unbeknownst to her”, where the husband was recruiting men to visit his house to rape his wife after he had drugged her into a deep sleep.

We expect the panel will declare that in this society, fundamental rights are also rights of women – that agreement is individual, not transferred,” said Gisèle Pelicot’s lawyer, her legal representative. “Permission is obtained directly and not via a representative from a husband.”

Case History

The husband, one of the worst sexual predators in modern French history, was handed a sentence to twenty years in prison last year for incapacitating his spouse and bringing in dozens of men to sexually assault her in her home in the Provence village of Mazan over a duration of many years of their union.

Dozens of additional defendants were found guilty in a high-profile trial last year, and Dogan was the sole individual to contest his sentence. He was initially given a sentence to nine years in prison, a punishment increased on Thursday to a decade.

The state's attorney, Dominique Sie, had contended he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Courtroom Details

The defendant had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his village in Provence to rape the victim, after notifying his wife he was leaving, the testimony revealed.

The ex-husband, who was transported from isolation in prison to briefly give evidence at the retrial, stated to the court that Dogan had been aware his wife had been “drugged” and he told to men by phone: “I want someone to assault my wife after I’ve sedated her unbeknownst to her.”

The proceedings became a focus point for a wider discussion on sexual violence norms in society as Dogan continued to claim he was innocent and had not engaged in violation, contending that because Gisèle Pelicot’s husband had allowed him into the residence, his conduct had been justifiable.

The panel in the Nîmes appeals court was shown visual proof of Gisèle Pelicot’s unconscious figure, sedated and breathing heavily in a comatose state, while a smiling Dogan performed assault on several occasions over a period of what authorities reported was 3.5 hours. The court official said she had been at danger of death by suffocation. The state's case said there was no doubt that she had been unconscious and had not agreed.

Accused's Testimony

The defendant stated to the court the videos were simply “sex scenes” and denied it was rape. He said what he did was “a sexual act”, not assault. He told the court: “I did not commit rape.” 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 attempted to cease,” Dogan informed the court. “I continued because he persuaded me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I did not intend to hurt that woman.”

Survivor's Statement

The victim, who was applauded upon exiting the courtroom each day by crowds gathered to stand with her, addressed the defendant in court: “You haven’t understood. When are you going to recognise you raped me? It is unlawful to rape an incapacitated woman. At what point did I give you consent? Not once.”

The victim, 72, became an symbol of resistance after she gave up her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, addressing the victim in court, said the defendant's refusal to take responsibility showed that: “Guilt has not shifted. Society is maybe in the process of that, maybe motivated by the societal understanding resulting from the publication of your situation.”

Sie said Dogan’s claims of non-guilt showed how rape culture was still common in society as part of “old-fashioned” forms of “patriarchal control”. He said: “We need to change rape culture to a culture of consent.”

Sie addressed the defendant: “For as much as you refuse to admit it, it’s not just a individual, it’s an entire sordid societal structure that you are upholding.”

Personal History

The accused was born in Turkey and at the age of five moved to France, where his father worked as a caretaker. The court heard that his parent was violent and that Dogan began using drugs at the age of 10. When he was seventeen he was caught by police for dealing drugs and his father evicted him of home. He spent time in prison for drug dealing in his twenties and had worked as a laborer but had experienced periods of homelessness.

He was married and had a child with a genetic condition, who he was the primary guardian for, as his wife worked in a school canteen. The evidence showed his wife did not know he had regular sexual encounters beyond their union. His defence said this was his way of coping with his challenging existence. The defendant had stated to a court psychologist that each year he looked for paid sex on his special day. His lawyers told the court he had a medical condition caused by the anxiety of the first trial.