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A defendant was convicted on appeal of raping Gisèle Pelicot after she was sedated by her spouse – and was given his prison sentence increased to ten years.

Retrial Proceedings

Dogan, 44, an unemployed builder, who had challenged his first conviction last year, experienced a retrial this week at the appeals court in Nîmes.

A jury 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 testimony revealed that Dogan, a married father, reached out to the victim's then husband, the husband, in an digital platform called “unbeknownst to her”, where the husband was seeking men to visit his house to rape his wife after he had drugged her into a comatose state.

We trust the court will affirm that in this society, fundamental rights are also women’s rights – that agreement is individual, not delegated,” declared the victim's lawyer, her legal representative. “Permission is secured directly and not by proxy from a husband.”

Case History

Dominique Pelicot, a notorious sexual predators in France's contemporary records, was given a prison term to 20 years in prison last year for drugging his spouse and bringing in numerous individuals to sexually assault her in her home in the town of Mazan over a duration of almost a decade of their marriage.

Numerous other individuals were found culpable in a widely publicized trial last year, and the appellant was the sole individual to contest his verdict. He was originally given a sentence to 9 years in prison, a penalty raised on Thursday to ten years.

The state's attorney, the prosecutor, had argued he should serve 12 years, because he “absolutely refuses to take any accountability”.

Courtroom Details

The defendant had initially sent the husband sexually explicit photos and then traveled an hour from his town in Provence to rape Gisèle Pelicot, after notifying his wife he was going out, the evidence indicated.

The ex-husband, who was transported from segregation in prison to temporarily testify at the hearing, stated to the court that the accused had known his wife had been “sedated” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve sedated her unbeknownst to her.”

The proceedings became a key topic for a larger conversation on societal attitudes in society as Dogan continued to assert he was not guilty and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had welcomed him into the residence, his conduct had been justifiable.

The panel in the Nîmes appeals court was displayed recorded footage of the victim's limp body, sedated and breathing heavily in a deep sleep, while a smiling Dogan performed assault on several occasions over a timeframe of what investigators stated was three and a half hours. The court official said she had been at danger of death by asphyxiation. The state prosecution said there was no doubt that she had been unaware and had not given permission.

Defendant's Statements

The defendant informed the court the footage were simply “intimate moments” and rejected it was violation. He said what he did was “a sexual act”, not rape. He stated the court: “I am innocent of assault.” He said the victim's husband had invited him to the house, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I proceeded because he reassured me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I did not intend to injure that lady.”

Survivor's Statement

The survivor, who was supported upon exiting the courtroom each day by crowds assembled to stand with her, said to Dogan in court: “You fail to comprehend. When are you going to recognise you assaulted me? It’s a crime to assault an incapacitated woman. How could I have give you permission? At no time.”

The victim, 72, became an global icon after she waived her right to anonymity in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, speaking to Gisèle Pelicot in court, said the defendant's unwillingness to take responsibility showed that: “Shame has not yet changed sides. Society is possibly in the process of that, possibly motivated by the public consciousness brought by the revelation of your case.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still common in society as part of “outdated” forms of “male domination”. He said: “Now we must change the culture of violence to a society based on agreement.”

The prosecutor said to Dogan: “As long as you reject it, it’s not just a person, it’s an entire disturbing cultural framework that you are endorsing.”

Personal History

Dogan was originated from Turkey and at the age of 5 came to the nation of France, where his parent worked as a concierge. The court heard that his father was abusive and that Dogan began using drugs at the age of ten. When Dogan was 17 he was stopped by authorities for selling narcotics and his parent forced him to leave of home. He spent time in prison for narcotics offenses in his early 20s and had worked as a construction worker but had undergone periods of being unhoused.

He was wed and had a son with special needs, who he was the principal carer for, as his wife worked in a educational cafeteria. The testimony revealed his spouse did not know he had repeated sexual encounters beyond their union. His legal team said this was his strategy for managing with his challenging existence. Dogan had told a mental health expert that once a year he engaged in transactional encounters on his birthday. His legal representatives stated to the court he had arthritis caused by the pressure of the initial proceedings.