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

Retrial Proceedings

The defendant, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, experienced a retrial this week at the appeals court in Nîmes.

A panel of nine jurors, joined by three judges, found Dogan guilty on Thursday of raping Pelicot in her home in the south of France in the early hours of 29 June 2019.

The evidence showed that Dogan, a married father, reached out to the victim's then husband, the husband, in an internet forum titled “unbeknownst to her”, where Pelicot was recruiting men to visit his house to assault his wife after he had rendered her unconscious into a deep sleep.

We expect the jury will affirm that in this nation, human rights are also women’s rights – that permission is personal, not transferred,” declared Gisèle Pelicot’s attorney, her legal representative. “Agreement is secured directly and not by proxy from a husband.”

Case History

The ex-husband, a notorious sexual predators in modern French history, was given a prison term to two decades in prison last year for sedating his spouse and inviting numerous individuals to sexually assault her in her home in the Provence village of the village of Mazan over a period of nearly ten years of their union.

Dozens of additional defendants were found guilty in a widely publicized trial last year, and the appellant was the sole individual to challenge his conviction. He was first sentenced to nine years in prison, a punishment enhanced on Thursday to 10 years.

The state's attorney, the prosecutor, had argued he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

Dogan had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his village in Provence to assault Gisèle Pelicot, after notifying his wife he was leaving, the evidence indicated.

Pelicot, who was brought from isolation in prison to briefly testify at the hearing, stated to the court that Dogan had understood his wife had been “drugged” and he told to men by phone: “I seek someone to assault my wife after I’ve put her to sleep without her consent.”

The proceedings became a focus point for a broader debate on societal attitudes in society as Dogan continued to say he was blameless and had not committed rape, arguing that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his behavior had been justifiable.

The panel in the Nîmes appeals court was presented with visual proof of the victim's unresponsive form, unconscious and snoring in a unconscious condition, while a grinning the perpetrator committed rape on several occasions over a timeframe of what authorities reported was 3.5 hours. The court official said she had been at peril of fatal outcome by suffocation. The prosecution said there was absolute certainty that she had been unaware and had not given permission.

Defendant's Statements

Dogan told the court the footage were simply “intimate moments” and disputed it was assault. He said what he did was “a consensual activity”, not assault. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was acceptable. He said he was manipulated by the husband. “I tried to halt,” Dogan stated to the court. “I continued because he convinced me.”

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

Survivor's Statement

The survivor, who was cheered upon departing the trial each day by crowds assembled to support her, addressed the defendant in court: “You do not grasp. When will you admit you violated me? It is illegal to rape an unaware woman. How could I have give you permission? Never.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she relinquished her right to confidentiality in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, speaking to the victim in court, said Dogan’s unwillingness to take accountability showed that: “The shame remains. The community is perhaps in the process of that, perhaps driven by the public consciousness brought by the exposure of your ordeal.”

Sie said the defendant's claims of non-guilt showed how rape culture was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “We need to change the culture of violence to a ethos of permission.”

The prosecutor told the defendant: “For as much as you reject it, it’s not just a woman, it’s an entire disturbing social system that you are endorsing.”

Biographical Details

Dogan was born in Turkey and at the age of five came to France, where his parent worked as a building manager. The evidence indicated that his father was aggressive and that Dogan began consuming marijuana aged ten. When he was 17 he was apprehended by authorities for dealing drugs and his parent evicted him the residence. He spent time in prison for narcotics offenses in his early 20s and had worked as a builder but had experienced periods of living on the streets.

He was married and had a child with Down’s syndrome, who he was the principal carer for, as his wife worked in a school canteen. The court heard his spouse did not know he had regular extramarital activities outside their union. His legal team said this was his method of dealing with his challenging existence. The defendant had told a court psychologist that each year he looked for paid sex on his birthday. His legal representatives informed the court he had joint inflammation caused by the stress of the first trial.