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A man was convicted on retrial of sexually assaulting Gisele Pelicot after she was drugged unconscious by her then-husband – and was given his jail term raised to 10 years.

Retrial Proceedings

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

A panel of four women and five men, sitting with three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in southern France in the early hours of 29 June 2019.

The testimony revealed that the accused, a family man, made contact with the victim's then husband, the husband, in an online chatroom titled “without her consent”, where the husband was seeking men to come to his home to rape his wife once he had sedated her into a unconscious state.

“We hope the court will say loud and clear that in this society, human rights are also rights of women – that permission is personal, not delegated,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is secured personally and not by proxy from a spouse.”

Case History

The ex-husband, among the most severe sex offenders in recent French history, was sentenced to 20 years in prison last year for drugging his spouse and soliciting dozens of men to rape her in her home in the community of the village of Mazan over a period of nearly ten years of their union.

Fifty other men were found convicted in a high-profile trial last year, and the appellant was the sole individual to appeal against his conviction. He was initially sentenced to 9 years in prison, a sentence raised on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had stated he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

Dogan had initially sent the husband graphic images and then traveled an hour from his village in Provence to rape the victim, after telling his wife he was stepping out, the court heard.

The ex-husband, who was transported from segregation in prison to briefly provide testimony at the hearing, stated to the court that the accused had been aware his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep without her knowledge.”

The courtroom became a key topic for a wider discussion on rape culture in society as Dogan continued to say he was not guilty and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had allowed him into the bedroom, his actions had been acceptable.

The jury in the higher court was shown recorded footage of the victim's limp body, comatose and snoring in a unconscious condition, while a smiling Dogan committed rape repeatedly over a period of what investigators stated was 3.5 hours. The court official said she had been at risk of fatal outcome by suffocation. The prosecution said there was no doubt that she had been unconscious and had not consented.

Dogan's Claims

The defendant informed the court the recordings were simply “sex scenes” and rejected it was violation. He said what he did was “an intimate behavior”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I carried on because he reassured me.”

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

Victim's Response

The victim, who was cheered upon departing the trial each day by crowds present to stand with her, said to Dogan in court: “You haven’t understood. When will you admit you violated me? It is unlawful to assault an incapacitated woman. When did I ever give you agreement? Not once.”

The victim, seventy-two, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, turning to Gisèle Pelicot in court, said the defendant's failure to take blame showed that: “Shame has not yet changed sides. Society is maybe in the course of that, possibly motivated by the collective awareness resulting from the exposure of your case.”

The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still common in society as part of “archaic” forms of “patriarchal control”. He said: “Now we must change rape culture to a culture of consent.”

Sie addressed Dogan: “While you deny it, it’s not just a woman, it’s an whole sordid social system that you are upholding.”

Biographical Details

Dogan was born in Turkey and at the age of five moved to France, where his parent worked as a concierge. The testimony revealed that his father was aggressive and that Dogan began consuming marijuana aged ten. When Dogan was seventeen he was apprehended by authorities for drug trafficking and his father evicted him the family house. He served time in prison for drug dealing in his twenties and had worked as a laborer but had undergone periods of living on the streets.

He was married and had a child with a genetic condition, 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 beyond their marriage. His defence said this was his method of dealing with his difficult circumstances. Dogan had informed a evaluator that each year he looked for commercial sex on his special day. His legal representatives told the court he had a medical condition resulting from the stress of the original case.