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An individual was convicted on higher court review of raping Gisèle Pelicot following she was drugged unconscious by her husband – and received his incarceration period increased to a decade.

Retrial Proceedings

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

A panel of four women and five men, joined by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her bedroom in the south of France in the morning of 29 June 2019.

The court heard that Dogan, a family man, made contact with the victim's husband at the time, the husband, in an internet forum titled “unbeknownst to her”, where Pelicot was recruiting men to visit his house to assault his wife once he had rendered her unconscious into a comatose state.

We trust the court will say loud and clear that in this society, fundamental rights are also rights of women – that agreement is personal, not given by another,” declared the victim's lawyer, Antoine Camus. “Permission is received directly and not through someone else from a husband.”

Case History

Dominique Pelicot, a notorious sexual predators in France's contemporary records, was given a prison term to twenty years in prison last year for sedating his wife at the time and soliciting numerous individuals to rape her in her home in the community of the village of Mazan over a period of many years of their union.

Numerous other individuals were found culpable in a high-profile trial last year, and the appellant was the sole individual to challenge his verdict. He was first given a sentence to nine years in prison, a punishment raised on Thursday to ten years.

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

Evidence Presented

The defendant had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his residence in Provence to rape the victim, after telling his wife he was leaving, the court heard.

The ex-husband, who was transported from isolation in prison to temporarily testify at the hearing, stated to the court that Dogan had been aware his wife had been “incapacitated” and he said to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a central issue for a wider discussion on societal attitudes in society as Dogan continued to say he was innocent and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had invited him into the residence, his conduct had been justifiable.

The panel in the Nîmes appeals court was presented with video evidence of the victim's unresponsive form, comatose and breathing heavily in a unconscious condition, while a grinning Dogan performed assault multiple times over a period of what authorities reported was 3.5 hours. The presiding judge said she had been at danger of fatal outcome by choking. The prosecution said there was absolute certainty that she had been unaware and had not agreed.

Dogan's Claims

Dogan told the court the recordings were simply “sex scenes” and disputed it was violation. He said what he did was “a consensual activity”, not rape. He told the court: “I am innocent of assault.” He said the victim's husband had invited him to the house, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I tried to halt,” Dogan told the court. “I carried on because he convinced me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I never wanted to injure that woman.”

Victim's Response

The survivor, who was cheered upon leaving court each day by onlookers present to stand with her, said to the defendant in court: “You fail to comprehend. When will you acknowledge you raped me? It’s a crime to rape an unaware woman. When did I ever give you permission? Never.”

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

Legal Commentary

Sie, speaking to the victim in court, said Dogan’s unwillingness to take accountability showed that: “The shame remains. Society is maybe in the course of that, perhaps propelled by the public consciousness brought by the revelation 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 “patriarchal control”. He said: “Now we must change the culture of violence to a culture of consent.”

Sie told Dogan: “While you deny it, it’s not just a person, it’s an whole disturbing social system that you are upholding.”

Personal History

Dogan was originated from the country of Turkey and at the age of 5 moved to the nation of France, where his father worked as a building manager. The evidence indicated that his father was abusive and that Dogan began using drugs aged ten. When he was seventeen he was caught by police for drug trafficking and his parent kicked him out of home. He was incarcerated in prison for trafficking in his young adulthood and had worked as a laborer but had experienced periods of living on the streets.

He was wed and had a child with special needs, who he was the main caregiver for, as his wife worked in a school canteen. The evidence showed his wife did not know he had regular sexual encounters outside their marriage. His legal team said this was his method of dealing with his challenging existence. Dogan had told a court psychologist that each year he engaged in commercial sex on his special day. His attorneys informed the court he had a medical condition caused by the pressure of the first trial.