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A defendant was declared guilty on appeal of raping Gisèle Pelicot after she was sedated by her husband – and has had his prison sentence increased to 10 years.

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had contested his first conviction last year, underwent a new trial this week at the Nîmes court of appeal.

A panel of five men and four women, sitting with three judges, convicted Dogan on Thursday of raping the victim in her bedroom in Provence in the early hours of June 29, 2019.

The court heard that Dogan, a family man, made contact with Gisèle Pelicot’s husband at the time, the husband, in an online chatroom titled “without her consent”, where the husband was recruiting men to come to his home to rape his wife once he had rendered her unconscious into a comatose state.

We trust the jury will affirm that in this nation, fundamental rights are also women’s rights – that permission is personal, not delegated,” stated Gisèle Pelicot’s lawyer, her legal representative. “Agreement is secured personally and not through someone else from a husband.”

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 wife at the time and soliciting numerous individuals to sexually assault her in her home in the community of Mazan over a duration of almost a decade of their union.

Fifty other men were found culpable in a notable trial last year, and the appellant was the only man to contest his verdict. He was first given a sentence to 9 years in prison, a sentence enhanced on Thursday to a decade.

The lead state prosecutor, the prosecutor, had contended he should serve twelve years, because he “completely denies to take any accountability”.

Courtroom Details

The defendant had first sent Dominique Pelicot graphic images and then driven an hour from his town in the region to assault Gisèle Pelicot, after telling his wife he was stepping out, the evidence indicated.

Pelicot, who was transported from segregation in prison to briefly provide testimony at the retrial, stated to the court that Dogan had known his wife had been “sedated” and he told to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a central issue for a larger conversation on societal attitudes in society as the defendant continued to say he was blameless and had not committed rape, arguing that because the victim's husband had welcomed him into the bedroom, his actions had been permissible.

The jury in the Nîmes appeals court was presented with recorded footage of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a deep sleep, while a smiling the perpetrator committed rape multiple times over a timeframe of what police said was 3.5 hours. The judge said she had been at peril of fatal outcome by choking. The state's case said there was absolute certainty that she had been incapacitated 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 “a sexual act”, not assault. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I proceeded because he reassured me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to harm that lady.”

Pelicot's Words

The victim, who was cheered upon exiting the courtroom each day by supporters assembled to support her, said to Dogan in court: “You fail to comprehend. When will you admit you raped me? It is unlawful to rape an unconscious woman. When did I ever give you permission? Not once.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she waived her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, turning to Gisèle Pelicot in court, said the defendant's failure to take blame showed that: “Shame has not yet changed sides. The public is possibly in the midst of that, perhaps propelled by the collective awareness resulting from the exposure of your situation.”

Sie said the defendant's claims of innocence showed how normalized violence was still prevalent in society as part of “outdated” forms of “male domination”. He said: “We need to change rape culture to a ethos of permission.”

The prosecutor addressed Dogan: “For as much as you reject it, it’s not just a woman, it’s an whole disturbing social system that you are upholding.”

Biographical Details

The accused was born in the country of Turkey and at the age of 5 came to the nation of France, where his father worked as a building manager. The testimony revealed that his parent was violent and that the defendant began using drugs at the age of ten. When Dogan was 17 he was caught by authorities for drug trafficking and his parent evicted him of home. He served time in prison for drug dealing in his early 20s 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 principal carer for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had frequent sexual encounters outside their union. His legal team said this was his method of dealing with his challenging existence. Dogan had informed a evaluator that annually he engaged in transactional encounters on his special day. His legal representatives told the court he had arthritis triggered by the stress of the initial proceedings.