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A defendant was declared guilty on higher court review of raping Gisele Pelicot after she was sedated by her husband – and has had his incarceration period extended to ten years.

Retrial Proceedings

Dogan, forty-four, an unemployed builder, who had challenged his first conviction last year, faced a new trial this week at the Nîmes court of appeal.

A jury of five men and four women, accompanied by three judges, ruled against Dogan on Thursday of raping the victim in her residence in Provence in the morning of June 29, 2019.

The evidence showed that the accused, a family man, made contact with the victim's then husband, Dominique Pelicot, in an online chatroom called “without her knowledge”, where the husband was recruiting men to come to his home to assault his wife once he had sedated her into a deep sleep.

“We hope the jury will say loud and clear that in this nation, fundamental rights are also women’s rights – that consent is individual, not delegated,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Permission is received directly and not via a representative from a spouse.”

Case History

The ex-husband, among the most severe sexual predators in modern French history, was sentenced to two decades in prison last year for incapacitating his wife at the time and inviting dozens of men to sexually assault her in her home in the Provence village of Mazan over a span of nearly ten years of their union.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and the appellant was the only man to appeal against his verdict. He was initially sentenced to nine years in prison, a penalty increased on Thursday to a decade.

The state's attorney, Dominique Sie, had contended he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

Dogan had initially sent the husband graphic images and then traveled an hour from his village in Provence to rape the victim, after telling his wife he was stepping out, the court heard.

Pelicot, who was brought from solitary confinement in prison to temporarily provide testimony at the retrial, informed the court that the accused had known his wife had been “sedated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a key topic for a broader debate on societal attitudes in society as Dogan continued to assert he was innocent and had not committed rape, contending that because the victim's husband had allowed him into the residence, his conduct had been justifiable.

The jury in the Nîmes appeals court was shown visual proof of the victim's unresponsive form, unconscious and snoring in a comatose state, while a smiling Dogan performed assault multiple times over a timeframe of what police said was 3.5 hours. The judge said she had been at risk of death by asphyxiation. The state prosecution said there was no question that she had been unconscious and had not consented.

Dogan's Claims

Dogan informed the court the footage were simply “intimate moments” and rejected it was assault. He said what he did was “a sexual act”, not assault. He declared the court: “I did not commit rape.” He said the victim's husband had brought him to the home, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan stated to the court. “I proceeded because he reassured me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I never wanted to harm that individual.”

Victim's Response

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by crowds gathered to stand with her, addressed Dogan in court: “You haven’t understood. When will you admit you raped me? It is unlawful to assault an unconscious woman. At what point did I give you agreement? At no time.”

The victim, 72, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said Dogan’s unwillingness to take accountability showed that: “Guilt has not shifted. Society is maybe in the midst of that, maybe propelled by the public consciousness resulting from the exposure of your case.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change rape culture to a society based on agreement.”

The prosecutor said to the defendant: “For as much as you reject it, it’s not just a person, it’s an entire sordid societal structure that you are supporting.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of 5 moved to France, where his parent worked as a concierge. The testimony revealed that his parent was abusive and that Dogan began consuming marijuana aged ten. When he was 17 he was apprehended by authorities for dealing drugs and his parent kicked him out of home. He served time in prison for drug dealing in his early 20s and had worked as a laborer 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 frequent intimate relations outside their union. His defence said this was his strategy for managing with his challenging existence. The defendant had informed a court psychologist that each year he engaged in commercial sex on his special day. His lawyers told the court he had a medical condition caused by the anxiety of the initial proceedings.