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A man has been found guilty on retrial of sexually assaulting Gisele Pelicot following she was drugged unconscious by her husband – and was given his incarceration period increased to ten years.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, underwent a new trial this week at the higher court in Nîmes.

A jury of nine jurors, sitting with three judges, convicted Dogan on Thursday of raping the victim in her bedroom in southern France in the morning of 29 June 2019.

The testimony revealed that the accused, a married father, reached out to Gisèle Pelicot’s husband at the time, the husband, in an internet forum called “unbeknownst to her”, where Pelicot was recruiting men to come to his home to assault his wife after he had sedated her into a deep sleep.

We expect the panel will declare that in this nation, fundamental rights are also women’s rights – that agreement is individual, not transferred,” declared the victim's attorney, her legal representative. “Consent is obtained personally and not via a representative from a spouse.”

Case History

The husband, one of the worst sexual predators in recent French history, was given a prison term to two decades in prison last year for incapacitating his then wife and inviting multiple perpetrators to sexually assault her in her home in the community of Mazan over a duration of nearly ten years of their union.

Dozens of additional defendants were found convicted in a notable trial last year, and Dogan was the single defendant to appeal against his sentence. He was first sentenced to nine years in prison, a penalty increased on Thursday to a decade.

The chief prosecutor, the prosecutor, had contended he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Evidence Presented

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

The ex-husband, who was transported from solitary confinement in prison to temporarily give evidence at the hearing, informed the court that the accused had known his wife had been “incapacitated” and he told to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The proceedings became a central issue for a broader debate on rape culture in society as the defendant continued to say he was innocent and had not engaged in violation, stating that because the victim's husband had welcomed him into the residence, his conduct had been permissible.

The panel in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s unconscious figure, comatose and snoring in a unconscious condition, while a grinning the perpetrator engaged in violation multiple times over a timeframe of what authorities reported was several hours. The judge said she had been at peril of death by choking. The prosecution said there was no doubt that she had been unaware and had not agreed.

Dogan's Claims

Dogan informed the court the videos were simply “sex scenes” and denied it was rape. He said what he did was “a sexual act”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was permissible. He said he was influenced by the husband. “I tried to halt,” the accused informed the court. “I carried on because he reassured me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I did not intend to harm that woman.”

Survivor's Statement

Gisèle Pelicot, who was applauded upon leaving court each day by onlookers present to back her, said to Dogan in court: “You do not grasp. When are you going to recognise you raped me? It is illegal to rape an unconscious woman. At what point did I give you agreement? Never.”

The victim, 72, became an international feminist hero after she relinquished her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, speaking to the victim in court, said Dogan’s refusal to take responsibility showed that: “Guilt has not shifted. The community is perhaps in the midst of that, maybe driven by the societal understanding brought by the publication of your case.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “gender-based power”. He said: “Now we must change rape culture to a culture of consent.”

The prosecutor told the defendant: “As long as you deny it, it’s not just a individual, it’s an whole unpleasant cultural framework that you are supporting.”

Biographical Details

The accused was originated from the country of Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a concierge. The testimony revealed that his parent was violent and that Dogan began using drugs aged ten. When he was 17 he was apprehended by police for drug trafficking and his parent kicked him out the family house. He served time in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had faced periods of homelessness.

He was wed and had a son with Down’s syndrome, who he was the primary guardian for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had frequent intimate relations outside their marriage. His legal team said this was his strategy for managing with his stressful life. The defendant had informed a mental health expert that each year he sought transactional encounters on his birthday. His lawyers stated to the court he had arthritis triggered by the pressure of the original case.