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A defendant has been found guilty on retrial of raping Gisèle Pelicot after she was sedated by her then-husband – and has had his jail term extended to ten years.

Appeal Trial

Dogan, forty-four, an unemployed builder, who had contested his initial guilty verdict last year, underwent a new trial this week at the higher court in Nîmes.

A panel of four women and five men, joined by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her bedroom in southern France in the early hours of June 29, 2019.

The testimony revealed that Dogan, a family man, connected with the victim's husband at the time, the husband, in an internet forum titled “without her consent”, where the husband was looking for men to come to his home to assault his wife after he had rendered her unconscious into a deep sleep.

We expect the jury will say loud and clear that in this country, fundamental rights are also women’s rights – that consent is individual, not transferred,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Permission is secured personally and not via a representative from a husband.”

Case History

The ex-husband, among the most severe sexual predators in modern French history, was handed a sentence to twenty years in prison last year for incapacitating his then wife and inviting numerous individuals to sexually assault her in her home in the town of the village of Mazan over a period of nearly ten years of their marriage.

Dozens of additional defendants were found guilty in a high-profile trial last year, and the appellant was the single defendant to contest his verdict. He was originally handed a term to 9 years in prison, a penalty raised on Thursday to a decade.

The chief prosecutor, the prosecutor, had contended he should serve twelve years, because he “stubbornly rejects to take any blame”.

Evidence Presented

The defendant had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his village in the region to assault the victim, after telling his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from segregation in prison to temporarily provide testimony at the appeal trial, informed the court that the accused had been aware his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her without her knowledge.”

The proceedings became a key topic for a broader debate on sexual violence norms in society as the defendant continued to claim he was blameless and had not committed rape, contending that because the victim's husband had allowed him into the room, his conduct had been acceptable.

The panel in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a deep sleep, while a grinning Dogan performed assault repeatedly over a duration of what authorities reported was 3.5 hours. The judge said she had been at danger of death by choking. The state prosecution said there was no question that she had been incapacitated and had not consented.

Accused's Testimony

Dogan told the court the recordings were simply “sexual encounters” and rejected it was rape. He said what he did was “a consensual activity”, 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 OK. He said he was influenced by the husband. “I attempted to cease,” Dogan told the court. “I proceeded because he reassured me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I never wanted to harm that lady.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon leaving court each day by crowds assembled to stand with her, said to Dogan in court: “You do not grasp. When are you going to recognise you raped me? It is illegal to rape an unaware woman. How could I have give you agreement? At no time.”

Gisèle Pelicot, 72, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

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

The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance 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 society based on agreement.”

Sie told Dogan: “While you reject it, it’s not just a woman, it’s an entire sordid cultural framework that you are upholding.”

Personal History

Dogan was originated from Turkey and at the age of 5 came to France, where his father worked as a caretaker. The testimony revealed that his parent was abusive and that the defendant began consuming marijuana aged 10. When Dogan was seventeen he was stopped by police for selling narcotics and his parent forced him to leave of home. He served time in prison for trafficking in his early 20s and had worked as a builder but had experienced periods of homelessness.

He was wed and had a child with special needs, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The testimony revealed his wife did not know he had frequent sexual encounters beyond their marriage. His defence said this was his strategy for managing with his stressful life. Dogan had stated to a court psychologist that each year he sought commercial sex on his birthday. His attorneys informed the court he had a medical condition caused by the stress of the initial proceedings.