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An individual has been found guilty on retrial of raping Gisèle Pelicot following she was drugged unconscious by her husband – and was given his prison sentence increased to ten years.

Higher Court Case

The defendant, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, experienced a retrial this week at the higher court in Nîmes.

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

The testimony revealed that the accused, a family man, connected with Gisèle Pelicot’s spouse, the husband, in an internet forum titled “unbeknownst to her”, where Pelicot was looking for men to visit his house to assault his wife after he had rendered her unconscious into a deep sleep.

We trust the jury will declare that in this country, human rights are also rights of women – that consent is individual, not transferred,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is received personally and not via a representative from a husband.”

Case History

The ex-husband, among the most severe sex offenders in recent French history, was handed a sentence to twenty years in prison last year for drugging his spouse 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 almost a decade of their marriage.

Fifty other men were found culpable in a high-profile trial last year, and the appellant was the single defendant to appeal against his verdict. He was first sentenced to nine years in prison, a penalty enhanced on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had contended he should serve twelve years, because he “stubbornly rejects to take any blame”.

Testimony and Proof

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

The ex-husband, who was transported from segregation in prison to briefly testify at the appeal trial, told the court that the accused had known his wife had been “sedated” and he communicated to men by phone: “I want someone to abuse my wife after I’ve put her to sleep without her knowledge.”

The trial became a key topic for a broader debate on societal attitudes in society as the defendant continued to claim he was innocent and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had welcomed him into the residence, his actions had been acceptable.

The jury in the higher court was shown visual proof of the victim's unresponsive form, comatose and breathing heavily in a deep sleep, while a smiling the perpetrator performed assault repeatedly over a duration of what police said was several hours. The judge said she had been at peril of fatal outcome by asphyxiation. The prosecution said there was no question that she had been unaware and had not agreed.

Defendant's Statements

Dogan told 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 never raped.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was OK. He said he was deceived by the husband. “I attempted to cease,” Dogan told the court. “I proceeded because he convinced me.”

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

Pelicot's Words

The victim, who was cheered upon exiting the courtroom each day by crowds assembled to support her, addressed Dogan in court: “You do not grasp. When are you going to recognise you violated me? It is illegal to assault an unconscious woman. When did I ever give you consent? Never.”

Gisèle Pelicot, 72, became an symbol of resistance after she gave up her right to privacy in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “Shame has not yet changed sides. The public is possibly in the midst of that, perhaps motivated by the public consciousness spurred by the exposure of your case.”

Sie said Dogan’s claims of innocence showed how societal tolerance was still common in society as part of “old-fashioned” forms of “male domination”. He said: “Now we must change rape culture to a ethos of permission.”

Sie said to the defendant: “For as much as you refuse to admit it, it’s not just a person, it’s an complete disturbing societal structure that you are upholding.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of five moved to France, where his parent worked as a concierge. The testimony revealed that his father was violent and that Dogan began smoking cannabis at the age of ten. When he was 17 he was caught by authorities for drug trafficking and his father evicted him the residence. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a construction worker but had undergone periods of living on the streets.

He was wed and had a son with special needs, who he was the principal carer for, as his wife worked in a educational cafeteria. The court heard his spouse did not know he had frequent extramarital activities beyond their marriage. His legal team said this was his way of coping with his challenging existence. Dogan had told a mental health expert that once a year he engaged in transactional encounters on his special day. His attorneys stated to the court he had a medical condition resulting from the pressure of the first trial.