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A man has been found guilty on retrial of raping Gisèle Pelicot after she was sedated by her husband – and received his jail term increased to a decade.

Appeal Trial

Dogan, forty-four, an unemployed builder, who had appealed his first conviction last year, faced a retrial this week at the appeals court in Nîmes.

A jury of five men and four women, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in Provence in the early hours of June 29, 2019.

The evidence showed that Dogan, a married father, reached out to Gisèle Pelicot’s then husband, the husband, in an digital platform titled “without her knowledge”, where Pelicot was looking for men to enter his residence to rape his wife after he had rendered her unconscious into a deep sleep.

“We hope the panel will affirm that in this nation, human rights are also rights of women – that agreement is personal, not given by another,” said the victim's attorney, Antoine Camus. “Permission is received personally and not through someone else from a spouse.”

Case History

Dominique Pelicot, among the most severe sex offenders in recent French history, was given a prison term to two decades in prison last year for incapacitating his then wife and soliciting multiple perpetrators to sexually assault her in her home in the community of Mazan over a span of many years of their union.

Dozens of additional defendants were found guilty in a notable trial last year, and Dogan was the single defendant to appeal against his conviction. He was originally given a sentence to 9 years in prison, a sentence raised on Thursday to a decade.

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

Courtroom Details

Dogan had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his town in the region to assault the victim, after telling his wife he was leaving, the court heard.

Pelicot, who was brought from isolation in prison to briefly provide testimony at the appeal trial, told the court that Dogan had been aware his wife had been “drugged” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a central issue for a larger conversation on rape culture in society as the defendant continued to claim he was innocent and had not committed rape, contending that because Gisèle Pelicot’s husband had welcomed him into the residence, his behavior had been justifiable.

The panel in the higher court was displayed recorded footage of Gisèle Pelicot’s limp body, comatose and breathing heavily in a deep sleep, while a grinning Dogan committed rape multiple times over a duration of what authorities reported was several hours. The presiding judge said she had been at danger of death by asphyxiation. The state's case said there was absolute certainty that she had been unaware and had not consented.

Accused's Testimony

Dogan stated to the court the recordings were simply “sexual encounters” and rejected it was violation. He said what he did was “a sexual act”, not assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I proceeded because he reassured me.”

Asked if he wanted to make a last words to the court, Dogan said: “I never wanted to hurt that woman.”

Survivor's Statement

The victim, who was cheered upon leaving court each day by onlookers gathered to support her, told the defendant in court: “You fail to comprehend. When are you going to recognise you assaulted me? It is illegal to assault an unaware woman. How could I have give you agreement? At no time.”

Gisèle Pelicot, 72, became an international feminist hero after she relinquished her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, turning to the victim in court, said Dogan’s refusal to take blame showed that: “Guilt has not shifted. The community is perhaps in the process of that, perhaps motivated by the public consciousness brought by the publication of your ordeal.”

Sie said Dogan’s claims of non-guilt showed how societal tolerance was still prevalent in society as part of “archaic” forms of “male domination”. He said: “Now we must change the culture of violence to a society based on agreement.”

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

Personal History

The accused was originated from the country of Turkey and at the age of 5 relocated to France, where his father worked as a caretaker. The testimony revealed that his parent was abusive and that the defendant began using drugs at the age of 10. When Dogan was 17 he was caught by police for selling narcotics and his father forced him to leave of home. He spent time in prison for drug dealing in his young adulthood and had worked as a construction worker but had faced periods of living on the streets.

He was married and had a son with Down’s syndrome, who he was the principal carer for, as his wife worked in a institution's dining hall. The evidence showed his spouse did not know he had repeated intimate relations outside their marriage. His defence said this was his method of dealing with his challenging existence. Dogan had told a mental health expert that each year he looked for commercial sex on his birthday. His lawyers stated to the court he had a medical condition caused by the stress of the first trial.