🔗 Share this article

An individual was convicted on retrial of raping Gisèle Pelicot after she was drugged unconscious by her then-husband – and was given his jail term raised to ten years.

Retrial Proceedings

Dogan, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, experienced a appeal hearing this week at the appeals court in Nîmes.

A panel of five men and four women, joined by three judges, found Dogan guilty on Thursday of raping Pelicot in her bedroom in Provence in the early hours of June 29, 2019.

The testimony revealed that the accused, a married father, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum called “without her consent”, where the husband was recruiting men to visit his house to assault his wife once he had rendered her unconscious into a unconscious state.

We trust the panel will say loud and clear that in this society, fundamental rights are also women’s rights – that consent is individual, not given by another,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Consent is obtained directly and not through someone else from a spouse.”

Case History

Dominique Pelicot, among the most severe sexual predators in France's contemporary records, was sentenced to twenty years in prison last year for incapacitating his then wife and bringing in dozens of men to sexually assault her in her home in the community of the village of Mazan over a duration of many years of their union.

Fifty other men were found convicted in a high-profile trial last year, and Dogan was the single defendant to challenge his conviction. He was first sentenced to 9 years in prison, a sentence raised on Thursday to 10 years.

The state's attorney, Dominique Sie, had stated he should serve 12 years, because he “completely denies to take any responsibility”.

Courtroom Details

The defendant had initially sent the husband inappropriate pictures and then driven an hour from his village in the region to rape Gisèle Pelicot, after informing his wife he was leaving, the testimony revealed.

The ex-husband, who was transported from isolation in prison to temporarily testify at the hearing, told the court that the accused had known his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a focus point for a wider discussion on sexual violence norms in society as Dogan continued to say he was not guilty and had not committed rape, arguing that because the victim's husband had welcomed him into the room, his behavior had been acceptable.

The jury in the higher court was displayed visual proof of the victim's unresponsive form, unconscious and breathing heavily in a deep sleep, while a smiling the perpetrator committed rape repeatedly over a timeframe of what police said was several hours. The court official said she had been at danger of death by choking. The prosecution said there was no doubt that she had been unaware and had not consented.

Defendant's Statements

Dogan told the court the videos were simply “sex scenes” and denied it was violation. He said what he did was “a consensual activity”, not rape. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was acceptable. He said he was manipulated by the husband. “I wanted to stop,” the accused stated to the court. “I continued because he persuaded me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I had no desire to harm that individual.”

Victim's Response

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by onlookers gathered to back her, addressed Dogan in court: “You fail to comprehend. When will you admit you raped me? It’s a crime to assault an incapacitated woman. How could I have give you permission? Not once.”

The victim, seventy-two, became an global icon after she relinquished her right to privacy in the trial last year when she said: “The shame should shift.”

Legal Commentary

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's unwillingness to take blame showed that: “Guilt has not shifted. The community is maybe in the process of that, perhaps motivated by the collective awareness spurred by the exposure of your case.”

Sie said Dogan’s claims of blamelessness showed how rape culture was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change rape culture to a society based on agreement.”

The prosecutor said to the defendant: “For as much as you reject it, it’s not just a woman, it’s an entire unpleasant societal structure that you are upholding.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five relocated to the nation of France, where his father worked as a caretaker. The evidence indicated that his father was aggressive and that the defendant began consuming marijuana at the age of 10. When he was 17 he was apprehended by authorities for selling narcotics and his father forced him to leave the family house. He served time in prison for trafficking in his early 20s and had worked as a laborer but had experienced periods of living on the streets.

He was wed and had a child with special needs, who he was the main caregiver for, as his spouse worked in a school canteen. The court heard his wife did not know he had frequent extramarital activities outside their marriage. His legal team said this was his strategy for managing with his challenging existence. Dogan had stated to a court psychologist that annually he engaged in paid sex on his special day. His legal representatives stated to the court he had arthritis resulting from the stress of the initial proceedings.