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A man has been found guilty on appeal of raping Gisele Pelicot following she was drugged unconscious by her spouse – and received his incarceration period extended to ten years.

Higher Court Case

The defendant, forty-four, an out-of-work construction worker, who had challenged his initial guilty verdict last year, underwent a appeal hearing this week at the higher court in Nîmes.

A jury of four women and five men, accompanied by three judges, convicted Dogan on Thursday of raping Pelicot in her bedroom in the south of France in the morning of June 29, 2019.

The court heard that Dogan, a married father, connected with Gisèle Pelicot’s then husband, the husband, in an online chatroom titled “without her consent”, where the husband was looking for men to enter his residence to rape his wife once he had rendered her unconscious into a unconscious state.

We trust the jury will affirm that in this society, fundamental rights are also women’s rights – that permission is individual, not delegated,” said the victim's attorney, Antoine Camus. “Permission is secured directly and not by proxy from a husband.”

Case History

The ex-husband, one of the worst sexual predators in recent French history, was handed a sentence to 20 years in prison last year for drugging his spouse and bringing in multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a span of nearly ten years of their union.

Numerous other individuals were found convicted in a high-profile trial last year, and Dogan was the only man to contest his sentence. He was initially sentenced to nine years in prison, a penalty raised on Thursday to 10 years.

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

Courtroom Details

Dogan had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his residence in Provence to assault the victim, after informing his wife he was stepping out, the court heard.

Pelicot, who was transported from solitary confinement in prison to briefly testify at the retrial, stated to the court that Dogan had known his wife had been “incapacitated” and he said to men by phone: “I seek someone to assault my wife after I’ve sedated her unbeknownst to her.”

The trial became a focus point for a wider discussion on societal attitudes in society as the defendant continued to claim he was blameless and had not committed rape, arguing that because the victim's husband had welcomed him into the residence, his behavior had been permissible.

The panel in the Nîmes appeals court was displayed video evidence of Gisèle Pelicot’s limp body, comatose and breathing heavily in a deep sleep, while a smiling the perpetrator performed assault multiple times over a period of what police said was three and a half hours. The court official said she had been at peril of death by asphyxiation. The prosecution said there was no question that she had been incapacitated and had not agreed.

Dogan's Claims

Dogan informed the court the recordings were simply “sexual encounters” and disputed it was violation. He said what he did was “a consensual activity”, not assault. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I continued because he persuaded me.”

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

Survivor's Statement

The survivor, who was supported upon leaving court each day by crowds gathered to stand with her, told Dogan in court: “You fail to comprehend. When will you admit you violated me? It’s a crime to assault an incapacitated woman. How could I have give you permission? At no time.”

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

Legal Commentary

Sie, speaking to the victim in court, said Dogan’s refusal to take accountability showed that: “The shame remains. The public is possibly in the course of that, perhaps motivated by the public consciousness brought by the exposure of your ordeal.”

Sie said the defendant's claims of blamelessness showed how rape culture was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change rape culture to a culture of consent.”

Sie said to the defendant: “While you refuse to admit it, it’s not just a woman, it’s an entire sordid cultural framework that you are upholding.”

Personal History

The accused was originated from the country of Turkey and at the age of 5 relocated to France, where his parent worked as a caretaker. The evidence indicated that his parent was aggressive and that the defendant began using drugs at the age of ten. When he was 17 he was stopped by authorities for drug trafficking and his father evicted him of home. He was incarcerated in prison for drug dealing in his twenties and had worked as a builder but had experienced periods of being unhoused.

He was wed and had a child with special needs, who he was the principal carer for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had regular sexual encounters beyond their union. His defence said this was his way of coping with his difficult circumstances. Dogan had told a evaluator that annually he looked for transactional encounters on his special day. His legal representatives informed the court he had arthritis caused by the pressure of the original case.