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A defendant was declared guilty on appeal of raping Gisèle Pelicot after she was sedated by her spouse – and was given his jail term extended to a decade.

Retrial Proceedings

The defendant, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, underwent a new trial this week at the Nîmes court of appeal.

A jury of five men and four women, accompanied by three judges, ruled against Dogan on Thursday of raping the victim in her home in the south of France in the morning of June 29, 2019.

The testimony revealed that Dogan, a married father, reached out to the victim's husband at the time, the husband, in an digital platform called “without her knowledge”, where the husband was recruiting men to enter his residence to rape his wife once he had drugged her into a unconscious state.

We expect the jury will say loud and clear that in this country, human rights are also women’s rights – that permission is individual, not delegated,” stated the victim's attorney, Antoine Camus. “Permission is received directly and not through someone else from a husband.”

Case History

The ex-husband, among the most severe sex offenders in recent French history, was sentenced to two decades in prison last year for sedating his spouse and bringing in numerous individuals to rape her in her home in the town of Mazan over a duration of almost a decade of their marriage.

Dozens of additional defendants were found convicted in a notable trial last year, and the appellant was the single defendant to challenge his conviction. He was originally sentenced to 9 years in prison, a punishment enhanced on Thursday to a decade.

The state's attorney, Dominique Sie, had argued he should serve twelve 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 town in Provence to assault the victim, after informing his wife he was stepping out, the testimony revealed.

Pelicot, who was transported from isolation in prison to temporarily give evidence at the hearing, stated to the court that the accused had been aware his wife had been “drugged” and he said to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a key topic for a broader debate on societal attitudes in society as the defendant continued to say he was innocent and had not committed rape, stating that because the victim's husband had invited him into the residence, his actions had been justifiable.

The panel in the Nîmes appeals court was shown visual proof of the victim's unresponsive form, unconscious and snoring in a unconscious condition, while a smiling the perpetrator committed rape repeatedly over a duration of what investigators stated was three and a half hours. The presiding judge said she had been at danger of death by asphyxiation. The prosecution said there was no doubt that she had been incapacitated and had not consented.

Defendant's Statements

The defendant stated to the court the footage were simply “intimate moments” and denied it was assault. He said what he did was “a sexual act”, not assault. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was OK. He said he was deceived by the husband. “I tried to halt,” Dogan stated to the court. “I carried on because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to injure that lady.”

Pelicot's Words

The victim, who was applauded upon leaving court each day by supporters assembled to support her, addressed Dogan in court: “You haven’t understood. When will you acknowledge you assaulted me? It’s a crime to assault an unaware woman. How could I have give you consent? At no time.”

Gisèle Pelicot, 72, became an global icon after she relinquished her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “Shame has not yet changed sides. The public is perhaps in the process of that, maybe motivated by the societal understanding spurred by the exposure of your situation.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still common in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

The prosecutor said to Dogan: “As long as you deny it, it’s not just a individual, it’s an entire sordid societal structure that you are supporting.”

Personal History

The accused was born in Turkey and at the age of 5 moved to France, where his father worked as a caretaker. The testimony revealed that his father was abusive and that the defendant began using drugs at the age of ten. When he was seventeen he was caught by authorities for dealing drugs and his parent kicked him out the residence. He served time in prison for trafficking in his twenties and had worked as a construction worker but had faced periods of being unhoused.

He was married and had a child with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The court heard his wife did not know he had regular extramarital activities outside their marriage. His defence said this was his method of dealing with his stressful life. The defendant had stated to a evaluator that each year he sought transactional encounters on his special day. His lawyers told the court he had a medical condition caused by the anxiety of the initial proceedings.