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A defendant has been found guilty on retrial of raping Gisele Pelicot after she was drugged unconscious by her spouse – and received his prison sentence increased to a decade.

Higher Court Case

The defendant, forty-four, an unemployed builder, who had appealed his first conviction last year, underwent a appeal hearing this week at the higher court in Nîmes.

A panel of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her home in southern France in the morning of 29 June 2019.

The testimony revealed that the accused, a family man, connected with Gisèle Pelicot’s husband at the time, the husband, in an online chatroom titled “unbeknownst to her”, where Pelicot was seeking men to visit his house to rape his wife after he had rendered her unconscious into a deep sleep.

We trust the court will declare that in this country, fundamental rights are also rights of women – that permission is personal, not delegated,” stated Gisèle Pelicot’s lawyer, her legal representative. “Permission is obtained personally and not through someone else from a husband.”

Case History

Dominique Pelicot, a notorious sexual predators in modern French history, was sentenced to twenty years in prison last year for drugging his then wife and soliciting multiple perpetrators to rape her in her home in the Provence village of Mazan over a span of many years of their union.

Fifty other men were found convicted in a widely publicized trial last year, and Dogan was the only man to challenge his conviction. He was initially sentenced to 9 years in prison, a sentence increased on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had argued he should serve twelve years, because he “absolutely refuses to take any accountability”.

Testimony and Proof

Dogan had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his residence in Provence to assault Gisèle Pelicot, after telling his wife he was going out, the testimony revealed.

Pelicot, who was transported from segregation in prison to briefly give evidence at the hearing, stated to the court that the accused had been aware his wife had been “sedated” and he said to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a key topic for a wider discussion on rape culture in society as the defendant continued to assert he was blameless and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had welcomed him into the residence, his behavior had been justifiable.

The jury in the Nîmes appeals court was presented with video evidence of the victim's limp body, comatose and breathing heavily in a comatose state, while a grinning the perpetrator committed rape multiple times over a duration of what police said was several hours. The judge said she had been at danger of fatal outcome by choking. The state prosecution said there was no doubt that she had been incapacitated and had not consented.

Dogan's Claims

Dogan informed the court the videos were simply “sexual encounters” and rejected it was assault. He said what he did was “a consensual activity”, not assault. He declared the court: “I never raped.” He said the victim's husband had invited him to the home, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I carried on because he reassured me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I had no desire to injure that woman.”

Victim's Response

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by crowds assembled to back her, addressed the defendant in court: “You haven’t understood. When will you admit you assaulted me? It’s a crime to assault an unaware woman. When did I ever give you agreement? At no time.”

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

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take blame showed that: “The shame remains. The public is perhaps in the process of that, perhaps driven by the societal understanding spurred by the publication of your situation.”

Sie said Dogan’s claims of innocence showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a culture of consent.”

The prosecutor told Dogan: “As long as you deny it, it’s not just a woman, it’s an complete unpleasant social system that you are upholding.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of 5 came to France, where his father worked as a caretaker. The court heard that his father was aggressive and that Dogan began consuming marijuana at the age of 10. When he was 17 he was caught by authorities for dealing drugs and his parent evicted him the residence. He spent time in prison for trafficking in his early 20s and had worked as a laborer but had experienced periods of being unhoused.

He was married and had a child with a genetic condition, who he was the primary guardian for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had regular intimate relations beyond their union. His legal team said this was his way of coping with his difficult circumstances. The defendant had stated to a mental health expert that once a year he engaged in paid sex on his special day. His lawyers stated to the court he had joint inflammation triggered by the pressure of the initial proceedings.