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An individual was declared guilty on retrial of raping Gisèle Pelicot after she was drugged unconscious by her then-husband – and received his incarceration period extended to 10 years.

Higher Court Case

Dogan, forty-four, an out-of-work construction worker, who had contested his first conviction last year, faced a appeal hearing this week at the Nîmes court of appeal.

A jury of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her home in Provence in the early hours of June 29, 2019.

The testimony revealed that Dogan, a married father, made contact with the victim's husband at the time, the husband, in an internet forum called “without her consent”, where the husband was seeking 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 society, human rights are also rights of women – that permission is personal, not delegated,” said the victim's attorney, her legal representative. “Permission is received directly and not by proxy from a husband.”

Case History

Dominique Pelicot, a notorious sexual predators in France's contemporary records, was given a prison term to twenty years in prison last year for incapacitating his wife at the time and inviting dozens of men to rape her in her home in the Provence village of Mazan over a span of nearly ten years of their marriage.

Dozens of additional defendants were found guilty in a widely publicized trial last year, and Dogan was the sole individual to contest his conviction. He was originally sentenced to 9 years in prison, a penalty raised on Thursday to ten years.

The chief prosecutor, Dominique Sie, had argued he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

The defendant had initially sent the husband sexually explicit photos and then driven an hour from his residence in the region to rape Gisèle Pelicot, after notifying his wife he was going out, the court heard.

The ex-husband, who was brought from segregation in prison to briefly testify at the appeal trial, told the court that Dogan had understood his wife had been “incapacitated” and he said to men by phone: “I want someone to violate my wife after I’ve put her to sleep without her consent.”

The trial became a central issue for a wider discussion on societal attitudes in society as Dogan continued to claim he was innocent and had not committed rape, stating that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his actions had been permissible.

The jury in the higher court was shown visual proof of Gisèle Pelicot’s limp body, comatose and snoring in a comatose state, while a grinning Dogan performed assault repeatedly over a duration of what police said was 3.5 hours. The court official said she had been at danger of fatal outcome by choking. The prosecution said there was absolute certainty that she had been unconscious and had not given permission.

Accused's Testimony

Dogan stated to the court the footage 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 did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was permissible. He said he was manipulated by the husband. “I attempted to cease,” Dogan stated to the court. “I continued because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to injure that individual.”

Pelicot's Words

Gisèle Pelicot, who was supported upon leaving court each day by crowds gathered to back her, addressed Dogan in court: “You fail to comprehend. When are you going to recognise you raped me? It is illegal to rape an unconscious woman. When did I ever give you agreement? At no time.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, speaking to the victim in court, said Dogan’s unwillingness to take accountability showed that: “The shame remains. The community is perhaps in the course of that, perhaps motivated by the societal understanding spurred by the exposure of your case.”

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

The prosecutor said to Dogan: “As long as you reject it, it’s not just a woman, it’s an whole disturbing social system that you are upholding.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of 5 relocated to France, where his father worked as a caretaker. The evidence indicated that his parent was abusive and that the defendant began using drugs at the age of 10. When Dogan was 17 he was apprehended by authorities for selling narcotics and his father kicked him out of home. He spent time in prison for trafficking in his early 20s and had worked as a construction worker but had undergone periods of homelessness.

He was wed and had a son with special needs, who he was the primary guardian for, as his wife worked in a educational cafeteria. The testimony revealed his spouse did not know he had repeated sexual encounters outside their marriage. His defence said this was his method of dealing with his challenging existence. Dogan had informed a mental health expert that each year he looked for transactional encounters on his special day. His lawyers told the court he had a medical condition triggered by the anxiety of the original case.