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An individual was declared guilty on retrial of raping Gisele Pelicot after she was drugged unconscious by her then-husband – and received his jail term increased to 10 years.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, underwent a new trial this week at the higher court in Nîmes.

A jury of five men and four women, sitting with three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in the south of France in the early hours of 29 June 2019.

The evidence showed that the accused, a family man, connected with Gisèle Pelicot’s husband at the time, the husband, in an internet forum called “without her consent”, where Pelicot was looking for men to visit his house to rape his wife after he had drugged her into a comatose state.

We expect the jury will declare that in this country, human rights are also women’s rights – that permission is personal, not delegated,” stated the victim's lawyer, Antoine Camus. “Consent is secured personally and not by proxy from a husband.”

Background

The husband, a notorious sex offenders in modern French history, was sentenced to two decades in prison last year for drugging his wife at the time and bringing in numerous individuals to sexually assault her in her home in the community of the village of Mazan over a span of nearly ten years of their union.

Numerous other individuals were found guilty in a high-profile trial last year, and the appellant was the sole individual to contest his verdict. He was originally handed a term to nine years in prison, a sentence raised on Thursday to ten years.

The lead state prosecutor, the prosecutor, had stated he should serve 12 years, because he “stubbornly rejects to take any blame”.

Testimony and Proof

Dogan had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his village in Provence to assault the victim, after telling his wife he was going out, the testimony revealed.

Pelicot, who was brought from isolation in prison to temporarily testify at the hearing, informed the court that Dogan had understood his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a key topic for a wider discussion on rape culture in society as the defendant continued to claim he was innocent and had not perpetrated assault, arguing that because the victim's husband had allowed him into the room, his conduct had been justifiable.

The jury in the higher court was displayed recorded footage of Gisèle Pelicot’s limp body, sedated and snoring in a unconscious condition, while a grinning the perpetrator committed rape repeatedly over a period of what police said was 3.5 hours. The presiding judge said she had been at risk of death by choking. The prosecution said there was absolute certainty that she had been incapacitated and had not agreed.

Dogan's Claims

Dogan stated to the court the videos 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 Gisèle Pelicot’s husband had allowed him to the home, and therefore it was OK. He said he was manipulated by the husband. “I wanted to stop,” Dogan told the court. “I proceeded because he reassured me.”

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

Victim's Response

The victim, who was cheered upon exiting the courtroom each day by supporters gathered to back her, told Dogan in court: “You fail to comprehend. When are you going to recognise you assaulted me? It is illegal to assault an unaware woman. At what point did I give you agreement? At no time.”

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.”

Prosecutor's Remarks

Sie, addressing the victim in court, said Dogan’s refusal to take responsibility showed that: “The shame remains. The public is possibly in the course of that, maybe propelled by the public consciousness resulting from the revelation of your situation.”

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

The prosecutor addressed the defendant: “For as much as you refuse to admit it, it’s not just a individual, it’s an entire disturbing social system that you are upholding.”

Biographical Details

The accused was originated from the country of Turkey and at the age of 5 moved to France, where his parent worked as a building manager. The evidence indicated that his father was violent and that the defendant began using drugs at the age of ten. When Dogan was seventeen he was caught by authorities for dealing drugs and his parent evicted him the residence. He spent time in prison for trafficking in his young adulthood and had worked as a laborer but had experienced periods of being unhoused.

He was married and had a child with a genetic condition, who he was the primary guardian for, as his spouse worked in a school canteen. The court heard his spouse did not know he had repeated extramarital activities beyond their union. His defence said this was his method of dealing with his stressful life. Dogan had told a court psychologist that once a year he sought commercial sex on his special day. His lawyers stated to the court he had a medical condition triggered by the stress of the initial proceedings.