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A man has been found guilty on appeal of raping Gisele Pelicot following she was drugged unconscious by her spouse – and was given his prison sentence increased to 10 years.

Retrial Proceedings

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

A jury of four women and five men, joined by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her home in southern France in the morning of June 29, 2019.

The court heard that Dogan, a married father, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform named “without her consent”, where the husband was seeking men to enter his residence to rape his wife after he had sedated her into a unconscious state.

“We hope the court will say loud and clear that in this nation, fundamental rights are also rights of women – that consent is personal, not given by another,” stated the victim's attorney, her legal representative. “Consent is obtained personally and not through someone else from a husband.”

Case History

Dominique Pelicot, a notorious sex offenders in France's contemporary records, was given a prison term to two decades in prison last year for sedating his spouse and soliciting numerous individuals to sexually assault her in her home in the town of the village of Mazan over a duration of almost a decade of their marriage.

Fifty other men were found culpable in a widely publicized trial last year, and Dogan was the only man to appeal against his conviction. He was first sentenced to 9 years in prison, a sentence increased on Thursday to 10 years.

The state's attorney, Dominique Sie, had contended he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

The defendant had initially sent the husband graphic images and then traveled an hour from his town in Provence to assault the victim, after informing his wife he was leaving, the court heard.

The ex-husband, who was transported from solitary confinement in prison to temporarily testify at the hearing, stated to the court that the accused had understood his wife had been “drugged” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a focus point for a wider discussion on rape culture in society as the defendant continued to assert he was not guilty and had not perpetrated assault, contending that because the victim's husband had invited him into the residence, his behavior had been acceptable.

The jury in the higher court was displayed visual proof of the victim's limp body, unconscious and snoring in a deep sleep, while a smiling the perpetrator engaged in violation repeatedly over a duration of what investigators stated was three and a half hours. The court official said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was no doubt that she had been unaware and had not consented.

Dogan's Claims

Dogan informed the court the videos were simply “intimate moments” and rejected it was assault. He said what he did was “an intimate behavior”, not assault. He told the court: “I am innocent of assault.” He said the victim's husband had brought him to the home, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan stated to the court. “I carried on because he reassured me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to hurt that lady.”

Survivor's Statement

The victim, who was applauded upon exiting the courtroom each day by crowds present to stand with her, told Dogan in court: “You do not grasp. When will you acknowledge you assaulted me? It is illegal to rape an unaware woman. When did I ever give you permission? Not once.”

The victim, 72, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s refusal to take accountability showed that: “Guilt has not shifted. Society is perhaps in the midst of that, perhaps propelled by the societal understanding brought by the revelation of your case.”

Sie said Dogan’s claims of innocence showed how societal tolerance was still common in society as part of “archaic” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a culture of consent.”

Sie said to the defendant: “As long as you reject it, it’s not just a woman, it’s an complete sordid societal structure that you are endorsing.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of five came to France, where his father worked as a concierge. The testimony revealed that his father was abusive and that Dogan began consuming marijuana aged 10. When Dogan was seventeen he was apprehended by police for drug trafficking and his parent kicked him out the residence. He spent time in prison for drug dealing in his early 20s and had worked as a construction worker but had undergone periods of being unhoused.

He was married and had a son with Down’s syndrome, who he was the primary guardian for, as his wife worked in a institution's dining hall. The evidence showed his spouse did not know he had repeated extramarital activities beyond their union. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had told a mental health expert that each year he looked for commercial sex on his birthday. His legal representatives informed the court he had arthritis caused by the stress of the original case.