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An individual has been found guilty on retrial of raping Gisèle Pelicot after she was sedated by her spouse – and has had his jail term raised to ten years.

Appeal Trial

The defendant, 44, an unemployed builder, who had appealed his initial guilty verdict last year, underwent a new trial this week at the higher court in Nîmes.

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

The evidence showed that the accused, a family man, reached out to the victim's husband at the time, the husband, in an internet forum called “without her knowledge”, where Pelicot was recruiting men to visit his house to assault his wife once he had drugged her into a deep sleep.

We trust the jury will affirm that in this country, fundamental rights are also rights of women – that agreement is personal, not delegated,” said the victim's lawyer, Antoine Camus. “Agreement is secured directly and not by proxy from a husband.”

Case History

The husband, one of the worst sexual predators in modern French history, was sentenced to 20 years in prison last year for sedating his wife at the time and bringing in numerous individuals to sexually assault her in her home in the Provence village of Mazan over a period of almost a decade of their marriage.

Fifty other men were found convicted in a high-profile trial last year, and the appellant was the single defendant to challenge his sentence. He was originally given a sentence to 9 years in prison, a sentence raised on Thursday to ten years.

The chief prosecutor, the prosecutor, had stated he should serve twelve years, because he “completely denies to take any blame”.

Testimony and Proof

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

Pelicot, who was brought from solitary confinement in prison to temporarily give evidence at the hearing, informed the court that Dogan had understood his wife had been “sedated” and he told to men by phone: “I want someone to assault my wife after I’ve put her to sleep without her consent.”

The proceedings became a central issue for a larger conversation on rape culture in society as the defendant continued to say he was innocent and had not committed rape, stating that because the victim's husband had allowed him into the residence, his actions had been justifiable.

The jury in the higher court was displayed recorded footage of the victim's limp body, sedated and breathing heavily in a deep sleep, while a smiling Dogan engaged in violation on several occasions over a timeframe of what investigators stated was three and a half hours. The judge said she had been at peril of fatal outcome by choking. The state's case said there was no doubt that she had been incapacitated and had not agreed.

Defendant's Statements

Dogan informed the court the footage were simply “sexual encounters” and denied it was assault. He said what he did was “a sexual act”, not rape. 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 permissible. He said he was deceived by the husband. “I attempted to cease,” Dogan informed the court. “I continued because he reassured me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to harm that lady.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon departing the trial each day by supporters gathered to back her, said to Dogan in court: “You do not grasp. When will you admit you assaulted me? It’s a crime to rape an incapacitated woman. When did I ever give you consent? At no time.”

Gisèle Pelicot, seventy-two, became an global icon after she gave up her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take responsibility showed that: “Guilt has not shifted. The community is maybe in the midst of that, maybe propelled by the public consciousness spurred by the publication of your situation.”

The prosecutor said the defendant's claims of blamelessness showed how rape culture was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change the culture of violence to a culture of consent.”

The prosecutor told the defendant: “For as much as you reject it, it’s not just a woman, it’s an complete sordid societal structure that you are supporting.”

Personal History

The accused was born in Turkey and at the age of 5 came to the nation of France, where his parent worked as a concierge. The evidence indicated that his parent was violent and that Dogan began smoking cannabis aged 10. When Dogan was 17 he was stopped by authorities for dealing drugs and his father kicked him out of home. He served time in prison for narcotics offenses in his young adulthood and had worked as a laborer but had undergone periods of living on the streets.

He was married and had a child with a genetic condition, who he was the principal carer for, as his spouse worked in a educational cafeteria. The court heard his wife did not know he had frequent extramarital activities outside their marriage. His legal team said this was his way of coping with his stressful life. The defendant had stated to a court psychologist that each year he sought commercial sex on his birthday. His legal representatives informed the court he had a medical condition resulting from the pressure of the initial proceedings.