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A man has been found guilty on retrial of raping Gisèle Pelicot following she was rendered comatose by her then-husband – and received his prison sentence increased to ten years.

Higher Court Case

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

A panel of nine jurors, accompanied by three judges, convicted Dogan on Thursday of raping the victim in her home in the south of France in the early hours of June 29, 2019.

The testimony revealed that the accused, a married father, reached out to the victim's then husband, the husband, in an internet forum called “unbeknownst to her”, where Pelicot was recruiting men to visit his house to assault his wife after he had drugged her into a deep sleep.

We trust the court will say loud and clear that in this country, human rights are also rights of women – that permission is individual, not transferred,” said Gisèle Pelicot’s attorney, Antoine Camus. “Permission is secured personally and not via a representative from a spouse.”

Case History

Dominique Pelicot, among the most severe sexual predators in modern French history, was given a prison term to two decades in prison last year for incapacitating his wife at the time and bringing in numerous individuals to rape her in her home in the town of the village of Mazan over a period of almost a decade of their union.

Numerous other individuals were found culpable in a notable trial last year, and the appellant was the single defendant to challenge his sentence. He was first sentenced to 9 years in prison, a penalty enhanced on Thursday to ten years.

The state's attorney, the prosecutor, had argued he should serve 12 years, because he “absolutely refuses to take any accountability”.

Courtroom Details

The defendant had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his residence in Provence to assault Gisèle Pelicot, after notifying his wife he was stepping out, the evidence indicated.

Pelicot, who was transported from solitary confinement in prison to briefly give evidence at the appeal trial, stated to the court that Dogan had been aware his wife had been “drugged” and he said to men by phone: “I want someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a focus point for a broader debate on sexual violence norms in society as Dogan continued to claim he was not guilty and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had invited him into the residence, his conduct had been permissible.

The jury in the higher court was presented with visual proof of the victim's unresponsive form, sedated and snoring in a unconscious condition, while a smiling the perpetrator committed rape repeatedly over a period of what police said was several hours. The presiding judge said she had been at danger of death by suffocation. The state prosecution said there was absolute certainty that she had been incapacitated and had not given permission.

Accused's Testimony

Dogan stated to the court the videos were simply “sexual encounters” and rejected it was violation. He said what he did was “an intimate behavior”, not assault. He declared the court: “I am innocent of assault.” He said the victim's husband had brought him to the house, and therefore it was OK. He said he was manipulated by the husband. “I tried to halt,” the accused informed the court. “I carried on because he persuaded me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I did not intend to harm that individual.”

Survivor's Statement

The survivor, who was supported upon departing the trial each day by onlookers gathered to back her, told Dogan in court: “You haven’t understood. When will you acknowledge you assaulted me? It is unlawful to rape an incapacitated woman. When did I ever give you consent? Never.”

Gisèle Pelicot, 72, became an international feminist hero after she relinquished her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, turning to the victim in court, said the defendant's refusal to take blame showed that: “The shame remains. The community is perhaps in the process of that, possibly propelled by the societal understanding spurred by the publication of your situation.”

The prosecutor said the defendant's claims of innocence showed how rape culture was still widespread in society as part of “old-fashioned” forms of “patriarchal control”. He said: “We need to change the culture of violence to a society based on agreement.”

Sie addressed Dogan: “For as much as you refuse to admit it, it’s not just a woman, it’s an complete sordid cultural framework that you are supporting.”

Biographical Details

The accused was originated from the country of Turkey and at the age of 5 came to France, where his father worked as a concierge. The court heard that his parent was aggressive and that Dogan began using drugs aged 10. When he was 17 he was caught by authorities for selling narcotics and his father evicted him of home. He spent time in prison for trafficking in his young adulthood and had worked as a construction worker but had experienced periods of living on the streets.

He was wed and had a son with special needs, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The testimony revealed his spouse did not know he had regular sexual encounters beyond their union. His legal team said this was his way of coping with his challenging existence. The defendant had informed a court psychologist that each year he looked for transactional encounters on his birthday. His legal representatives told the court he had arthritis caused by the anxiety of the original case.