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A defendant was declared guilty on higher court review of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her husband – and has had his jail term raised to 10 years.

Retrial Proceedings

The defendant, 44, an unemployed builder, who had contested his initial guilty verdict last year, faced a appeal hearing this week at the Nîmes court of appeal.

A jury of nine jurors, accompanied by three judges, convicted Dogan on Thursday of raping the victim in her residence in Provence in the morning of June 29, 2019.

The testimony revealed that Dogan, a married father, made contact with the victim's then husband, the husband, in an internet forum called “unbeknownst to her”, where the husband was looking for men to enter his residence to assault his wife once he had sedated her into a deep sleep.

We trust the jury will declare that in this country, human rights are also rights of women – that consent is personal, not transferred,” stated the victim's lawyer, her legal representative. “Consent is obtained directly and not through someone else from a spouse.”

Case History

Dominique Pelicot, among the most severe sexual predators in France's contemporary records, was given a prison term to two decades in prison last year for sedating his wife at the time and soliciting multiple perpetrators to rape her in her home in the Provence village of the village of Mazan over a duration of almost a decade of their marriage.

Numerous other individuals were found culpable in a notable trial last year, and the appellant was the sole individual to appeal against his conviction. He was first handed a term to nine years in prison, a punishment raised on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had stated he should serve 12 years, because he “absolutely refuses to take any accountability”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot graphic images and then driven an hour from his town in Provence to rape Gisèle Pelicot, after informing his wife he was leaving, the testimony revealed.

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

The proceedings became a central issue for a larger conversation on rape culture in society as the defendant continued to claim he was blameless and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had invited him into the room, his behavior had been justifiable.

The panel in the higher court was presented with video evidence of Gisèle Pelicot’s limp body, comatose and breathing heavily in a deep sleep, while a grinning the perpetrator committed rape repeatedly over a timeframe of what authorities reported was several hours. The judge said she had been at risk of death by choking. The state prosecution said there was no doubt that she had been unaware and had not agreed.

Defendant's Statements

Dogan stated to the court the videos were simply “sexual encounters” and denied it was assault. He said what he did was “an intimate behavior”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I wanted to stop,” the accused told the court. “I continued because he convinced me.”

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

Victim's Response

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by onlookers gathered to back her, said to the defendant in court: “You haven’t understood. When will you admit you raped me? It’s a crime to rape an unaware woman. When did I ever give you agreement? At no time.”

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

Legal Commentary

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “Guilt has not shifted. The public is maybe in the course of that, maybe driven by the public consciousness spurred by the publication of your case.”

The prosecutor said the defendant's claims of non-guilt showed how normalized violence was still common in society as part of “old-fashioned” forms of “male domination”. He said: “Now we must change rape culture to a society based on agreement.”

Sie told the defendant: “For as much as you deny it, it’s not just a individual, it’s an complete disturbing social system that you are upholding.”

Biographical Details

Dogan was originated from Turkey and at the age of 5 moved to the nation of France, where his father worked as a caretaker. The testimony revealed that his father was violent and that the defendant began using drugs at the age of 10. When he was 17 he was caught by authorities for drug trafficking and his parent evicted him the family house. He was incarcerated in prison for trafficking in his twenties and had worked as a builder but had faced periods of being unhoused.

He was married and had a son with special needs, who he was the primary guardian for, as his wife worked in a educational cafeteria. The court heard his wife did not know he had frequent sexual encounters outside their union. His legal team said this was his method of dealing with his challenging existence. Dogan had informed a court psychologist that annually he sought commercial sex on his special day. His attorneys stated to the court he had a medical condition caused by the anxiety of the first trial.