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An individual was declared guilty on retrial of raping Gisele Pelicot following she was sedated by her spouse – and has had his jail term extended to a decade.

Appeal Trial

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

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

The testimony revealed that the accused, a family man, connected with the victim's spouse, Dominique Pelicot, in an online chatroom named “unbeknownst to her”, where the husband was seeking men to come to his home to assault his wife once he had sedated her into a unconscious state.

We expect the panel will affirm that in this nation, fundamental rights are also women’s rights – that permission is individual, not transferred,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is secured directly and not through someone else from a spouse.”

Case History

Dominique Pelicot, a notorious sex offenders in modern French history, was handed a sentence to twenty years in prison last year for incapacitating his wife at the time and inviting numerous individuals to rape her in her home in the town of Mazan over a span of many years of their union.

Dozens of additional defendants were found culpable in a notable trial last year, and the appellant was the single defendant to contest his verdict. He was initially sentenced to nine years in prison, a sentence enhanced on Thursday to a decade.

The state's attorney, Dominique Sie, had argued he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Courtroom Details

Dogan had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his residence in the region to assault the victim, after informing his wife he was going out, the testimony revealed.

Pelicot, who was transported from solitary confinement in prison to temporarily give evidence at the appeal trial, told the court that the accused had known his wife had been “incapacitated” and he told to men by phone: “I want someone to abuse my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a focus point for a broader debate on sexual violence norms in society as the defendant continued to assert he was innocent and had not engaged in violation, stating that because the victim's husband had allowed him into the residence, his behavior had been acceptable.

The panel in the higher court was displayed visual proof of Gisèle Pelicot’s unconscious figure, sedated and breathing heavily in a comatose state, while a smiling Dogan engaged in violation repeatedly over a timeframe of what police said was 3.5 hours. The court official said she had been at risk of death by suffocation. The prosecution said there was absolute certainty that she had been incapacitated and had not agreed.

Accused's Testimony

Dogan informed the court the footage were simply “intimate moments” and disputed it was assault. He said what he did was “a sexual act”, not assault. He stated the court: “I did not commit rape.” He said the victim's husband had allowed him to the home, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I carried on because he reassured me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I never wanted to harm that woman.”

Survivor's Statement

Gisèle Pelicot, who was supported upon departing the trial each day by crowds gathered to stand with her, addressed Dogan in court: “You do not grasp. When are you going to recognise you raped me? It is illegal to rape an unaware woman. At what point did I give you consent? Never.”

Gisèle Pelicot, 72, became an international feminist hero after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, addressing Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “The shame remains. The community is perhaps in the course of that, possibly motivated by the collective awareness spurred by the revelation of your situation.”

Sie said Dogan’s claims of blamelessness showed how normalized violence was still widespread in society as part of “archaic” forms of “patriarchal control”. He said: “Now we must change rape culture to a ethos of permission.”

Sie addressed Dogan: “While you reject it, it’s not just a person, it’s an complete sordid social system that you are endorsing.”

Biographical Details

The accused was originated from Turkey and at the age of 5 came to France, where his parent worked as a building manager. The testimony revealed that his parent was abusive and that Dogan began smoking cannabis aged ten. When Dogan was 17 he was caught by authorities for selling narcotics and his parent forced him to leave the family house. He spent time in prison for trafficking in his early 20s and had worked as a laborer but had undergone periods of being unhoused.

He was wed and had a son with a genetic condition, who he was the primary guardian for, as his spouse worked in a school canteen. The testimony revealed his spouse did not know he had regular sexual encounters outside their marriage. His defence said this was his strategy for managing with his challenging existence. The defendant had informed a mental health expert that each year he engaged in commercial sex on his birthday. His lawyers stated to the court he had arthritis resulting from the pressure of the initial proceedings.