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An individual was declared guilty on higher court review of raping Gisèle Pelicot after she was drugged unconscious by her husband – and has had his jail term increased to 10 years.

Retrial Proceedings

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

A jury of nine jurors, joined by three judges, convicted Dogan on Thursday of raping the victim in her bedroom in southern France in the early hours of 29 June 2019.

The court heard that the accused, a married father, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an online chatroom titled “unbeknownst to her”, where the husband was seeking men to come to his home to rape his wife once he had drugged her into a unconscious state.

We expect the jury will declare that in this nation, human rights are also rights of women – that permission is personal, not delegated,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Consent is secured directly and not via a representative from a spouse.”

Case History

Dominique Pelicot, one of the worst sexual predators in France's contemporary records, was handed a sentence to twenty years in prison last year for incapacitating his spouse and inviting numerous individuals to sexually assault her in her home in the town of Mazan over a span of nearly ten years of their union.

Dozens of additional defendants were found convicted in a high-profile trial last year, and Dogan was the single defendant to appeal against his conviction. He was first handed a term to 9 years in prison, a punishment raised on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had argued he should serve 12 years, because he “completely denies to take any blame”.

Courtroom Details

Dogan had first sent the husband graphic images and then traveled an hour from his town in the region to rape Gisèle Pelicot, after telling his wife he was leaving, the evidence indicated.

Pelicot, who was transported from segregation in prison to briefly give evidence at the hearing, stated to the court that the accused had understood his wife had been “sedated” and he told to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a focus point for a wider discussion on rape culture in society as Dogan continued to claim he was blameless and had not committed rape, contending that because Gisèle Pelicot’s husband had invited him into the room, his behavior had been acceptable.

The panel in the higher court was shown visual proof of the victim's limp body, sedated and breathing heavily in a comatose state, while a grinning Dogan performed assault repeatedly over a duration of what police said was three and a half hours. The presiding judge said she had been at peril of death by asphyxiation. The prosecution said there was no doubt that she had been unconscious and had not given permission.

Dogan's Claims

Dogan stated to the court the videos were simply “sex scenes” and disputed it was rape. He said what he did was “a sexual act”, not assault. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was acceptable. He said he was influenced by the husband. “I tried to halt,” Dogan informed the court. “I carried on because he convinced me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I had no desire to injure that individual.”

Victim's Response

The survivor, who was cheered upon departing the trial each day by supporters assembled to support her, said to the defendant in court: “You haven’t understood. When will you admit you assaulted me? It’s a crime to rape an unaware woman. At what point did I give you consent? At no time.”

The victim, seventy-two, became an symbol of resistance after she waived her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said the defendant's unwillingness to take accountability showed that: “Guilt has not shifted. The community is perhaps in the midst of that, maybe driven by the societal understanding brought by the revelation of your ordeal.”

The prosecutor said Dogan’s claims of innocence showed how normalized violence was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

The prosecutor said to the defendant: “While you refuse to admit it, it’s not just a person, it’s an entire disturbing societal structure that you are supporting.”

Defendant's Background

The accused was originated from Turkey and at the age of five came to the nation of France, where his parent worked as a concierge. The evidence indicated that his father was aggressive and that the defendant began consuming marijuana at the age of ten. When Dogan was seventeen he was stopped by police for selling narcotics and his father evicted him the residence. He served time in prison for narcotics offenses in his twenties and had worked as a builder but had undergone periods of homelessness.

He was wed and had a son with Down’s syndrome, who he was the principal carer for, as his spouse worked in a institution's dining hall. The testimony revealed his wife did not know he had frequent extramarital activities outside their union. His defence said this was his strategy for managing with his challenging existence. The defendant had told a evaluator that once a year he sought paid sex on his birthday. His attorneys told the court he had joint inflammation resulting from the anxiety of the initial proceedings.