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A man was convicted on retrial of raping Gisele Pelicot after she was rendered comatose by her husband – and received his prison sentence extended to ten years.

Appeal Trial

Dogan, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, faced a appeal hearing this week at the appeals court in Nîmes.

A panel of five men and four women, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her residence in the south of France in the morning of 29 June 2019.

The evidence showed that Dogan, a family man, reached out to Gisèle Pelicot’s then husband, the husband, in an internet forum called “without her knowledge”, where the husband was looking for men to come to his home to rape his wife after he had drugged her into a deep sleep.

“We hope the panel will affirm that in this nation, fundamental rights are also rights of women – that consent is individual, not delegated,” said the victim's attorney, Antoine Camus. “Agreement is received personally and not via a representative from a spouse.”

Case History

The ex-husband, a notorious sex offenders in recent French history, was sentenced to two decades in prison last year for incapacitating his spouse and bringing in numerous individuals to rape her in her home in the community of the village of Mazan over a duration of almost a decade of their union.

Dozens of additional defendants were found culpable in a high-profile trial last year, and Dogan was the sole individual to challenge his sentence. He was originally given a sentence to nine years in prison, a penalty raised on Thursday to ten years.

The state's attorney, the prosecutor, had stated he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

Dogan had initially sent the husband graphic images and then traveled an hour from his residence in the region to assault Gisèle Pelicot, after notifying his wife he was going out, the evidence indicated.

The ex-husband, who was brought from solitary confinement in prison to briefly give evidence at the retrial, informed the court that the accused had been aware his wife had been “sedated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her consent.”

The courtroom became a focus point for a broader debate on sexual violence norms in society as the defendant continued to claim he was innocent and had not engaged in violation, stating that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his conduct had been justifiable.

The panel in the higher court was shown visual proof of the victim's limp body, unconscious and breathing heavily in a unconscious condition, while a grinning Dogan engaged in violation multiple times over a timeframe of what investigators stated was three and a half hours. The presiding judge said she had been at danger of death by suffocation. The state's case said there was no doubt that she had been unaware and had not consented.

Accused's Testimony

The defendant informed the court the recordings were simply “intimate moments” and rejected it was rape. He said what he did was “an intimate behavior”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I wanted to stop,” Dogan stated to the court. “I continued because he reassured me.”

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

Survivor's Statement

Gisèle Pelicot, who was supported upon exiting the courtroom each day by supporters gathered to back her, addressed the defendant in court: “You do not grasp. When will you acknowledge you violated me? It’s a crime to rape an unconscious woman. At what point did I give you permission? Not once.”

The victim, 72, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “The shame should shift.”

State's Argument

The prosecutor, speaking to the victim in court, said Dogan’s failure to take accountability showed that: “The shame remains. Society is maybe in the process of that, perhaps propelled by the collective awareness resulting from the exposure of your case.”

The prosecutor said Dogan’s claims of non-guilt showed how normalized violence was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

Sie said to the defendant: “While you refuse to admit it, it’s not just a individual, it’s an complete disturbing social system that you are supporting.”

Defendant's Background

The accused was born in 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 aged 10. When Dogan was 17 he was caught by authorities for selling narcotics and his father forced him to leave the residence. He was incarcerated in prison for trafficking in his twenties and had worked as a builder but had experienced periods of living on the streets.

He was married and had a child with special needs, who he was the main caregiver for, as his spouse worked in a school canteen. The testimony revealed his spouse did not know he had repeated sexual encounters beyond their union. His legal team said this was his way of coping with his challenging existence. The defendant had stated to a evaluator that once a year he sought paid sex on his birthday. His attorneys stated to the court he had arthritis resulting from the anxiety of the original case.