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A defendant was convicted on appeal of raping Gisele Pelicot following she was drugged unconscious by her then-husband – and received his prison sentence increased to ten years.

Appeal Trial

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

A jury of four women and five men, sitting with three judges, ruled against Dogan on Thursday of raping the victim in her home in southern France in the morning of 29 June 2019.

The court heard that Dogan, a family man, made contact with the victim's then husband, the husband, in an internet forum titled “unbeknownst to her”, where Pelicot was looking for men to enter his residence to rape his wife once he had sedated her into a comatose state.

“We hope the court will declare that in this society, human rights are also women’s rights – that permission is individual, not given by another,” declared the victim's attorney, her legal representative. “Agreement is secured directly and not by proxy from a husband.”

Case History

The ex-husband, one of the worst sex offenders in recent French history, was handed a sentence to 20 years in prison last year for drugging his spouse and bringing in dozens of men to sexually assault her in her home in the community of Mazan over a span of nearly ten years of their marriage.

Numerous other individuals were found culpable in a high-profile trial last year, and the appellant was the only man to appeal against his verdict. He was originally handed a term to nine years in prison, a penalty enhanced on Thursday to ten years.

The lead state prosecutor, the prosecutor, had contended he should serve 12 years, because he “absolutely refuses to take any accountability”.

Courtroom Details

The defendant had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his residence in the region to rape Gisèle Pelicot, after telling his wife he was stepping out, the evidence indicated.

Pelicot, who was brought from segregation in prison to temporarily provide testimony at the appeal trial, told the court that Dogan had understood his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a key topic for a larger conversation on rape culture in society as the defendant continued to say he was blameless and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had allowed him into the room, his behavior had been acceptable.

The panel in the higher court was displayed recorded footage of the victim's limp body, unconscious and snoring in a deep sleep, while a grinning Dogan performed assault repeatedly over a timeframe of what authorities reported was three and a half hours. The presiding judge said she had been at peril of death by suffocation. The state prosecution said there was no question that she had been unaware and had not given permission.

Accused's Testimony

Dogan told the court the videos were simply “sexual encounters” and denied it was violation. He said what he did was “a sexual act”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused told the court. “I continued because he reassured me.”

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

Victim's Response

Gisèle Pelicot, who was supported upon leaving court each day by crowds gathered to back her, addressed Dogan in court: “You do not grasp. When will you acknowledge you assaulted me? It’s a crime to rape an unconscious woman. How could I have give you consent? Never.”

Gisèle Pelicot, seventy-two, became an global icon after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, turning to Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “The shame remains. The community is possibly in the process of that, perhaps driven by the collective awareness brought by the exposure of your case.”

Sie said Dogan’s claims of blamelessness showed how normalized violence was still common in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a culture of consent.”

Sie addressed the defendant: “While you reject it, it’s not just a woman, it’s an entire unpleasant social system that you are supporting.”

Personal History

The accused was originated from Turkey and at the age of five came to the nation of France, where his father worked as a building manager. The court heard that his father was aggressive and that Dogan began smoking cannabis at the age of ten. When Dogan was 17 he was stopped by authorities for dealing drugs and his father forced him to leave the residence. He spent time in prison for narcotics offenses in his twenties and had worked as a construction worker but had undergone periods of living on the streets.

He was married and had a son with a genetic condition, who he was the primary guardian for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had repeated sexual encounters outside their union. His defence said this was his strategy for managing with his challenging existence. The defendant had stated to a court psychologist that each year he engaged in transactional encounters on his birthday. His legal representatives told the court he had a medical condition caused by the pressure of the first trial.