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An individual was declared guilty on higher court review of sexually assaulting Gisele Pelicot following she was drugged unconscious by her husband – and was given his incarceration period raised to ten years.

Retrial Proceedings

The defendant, forty-four, an out-of-work construction worker, who had contested his first conviction last year, underwent a new trial this week at the higher court in Nîmes.

A panel of nine jurors, sitting with three judges, ruled against Dogan on Thursday of raping Pelicot in her bedroom in Provence in the morning of June 29, 2019.

The evidence showed that Dogan, a married father, connected with the victim's husband at the time, the husband, in an internet forum called “without her consent”, where the husband was seeking men to visit his house to rape his wife after he had drugged her into a unconscious state.

We trust the court will say loud and clear that in this society, fundamental rights are also women’s rights – that agreement is personal, not given by another,” declared the victim's attorney, her legal representative. “Consent is secured personally and not through someone else from a husband.”

Case History

Dominique Pelicot, one of the worst sexual predators in recent French history, was handed a sentence to 20 years in prison last year for sedating his wife at the time and inviting dozens of men to sexually assault her in her home in the town of the village of Mazan over a span of almost a decade of their union.

Numerous other individuals were found convicted in a high-profile trial last year, and the appellant was the single defendant to appeal against his sentence. He was originally handed a term to nine years in prison, a sentence raised on Thursday to a decade.

The state's attorney, Dominique Sie, had contended he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Courtroom Details

The defendant had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in the region to rape the victim, after notifying his wife he was stepping out, the evidence indicated.

The ex-husband, who was transported from solitary confinement in prison to temporarily give evidence at the appeal trial, told the court that the accused had understood his wife had been “sedated” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep without her consent.”

The courtroom became a focus point for a larger conversation on societal attitudes in society as the defendant continued to say he was not guilty and had not perpetrated assault, arguing that because the victim's husband had invited him into the residence, his behavior had been permissible.

The panel in the higher court was displayed recorded footage of the victim's limp body, comatose and breathing heavily in a deep sleep, while a smiling the perpetrator committed rape repeatedly over a timeframe of what authorities reported was several hours. The court official said she had been at danger of death by choking. The state prosecution said there was no doubt that she had been unaware and had not agreed.

Dogan's Claims

The defendant told the court the videos were simply “sex scenes” and rejected it was assault. He said what he did was “a consensual activity”, not rape. He stated the court: “I am innocent of assault.” He said the victim's husband had invited him to the house, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I attempted to cease,” Dogan informed the court. “I carried on because he persuaded me.”

Asked if he wanted to make a last words to the court, Dogan said: “I had no desire to harm that individual.”

Pelicot's Words

The survivor, who was cheered upon leaving court each day by onlookers present to support her, said to the defendant in court: “You haven’t understood. When will you acknowledge you raped me? It is unlawful to rape an unconscious woman. How could I have give you consent? Not once.”

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

State's Argument

Sie, turning to the victim in court, said Dogan’s unwillingness to take responsibility showed that: “The shame remains. Society is maybe in the midst of that, possibly driven by the collective awareness resulting from the publication of your ordeal.”

The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still prevalent in society as part of “archaic” forms of “male domination”. He said: “Now we must change rape culture to a ethos of permission.”

The prosecutor told Dogan: “While you deny it, it’s not just a person, it’s an complete disturbing cultural framework that you are endorsing.”

Defendant's Background

Dogan was originated from Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a building manager. The evidence indicated that his parent was abusive and that the defendant began smoking cannabis aged 10. When he was seventeen he was stopped by authorities for selling narcotics and his father kicked him out the family house. He served time in prison for drug dealing in his early 20s and had worked as a builder but had faced periods of being unhoused.

He was married and had a child with Down’s syndrome, who he was the primary guardian for, as his wife worked in a educational cafeteria. The testimony revealed his spouse did not know he had frequent intimate relations beyond their marriage. His legal team said this was his strategy for managing with his challenging existence. The defendant had informed a mental health expert that annually he sought paid sex on his birthday. His attorneys stated to the court he had arthritis triggered by the stress of the original case.