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A defendant was declared guilty on retrial of raping Gisèle Pelicot following she was drugged unconscious by her spouse – and has had his prison sentence extended to a decade.

Retrial Proceedings

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 jury of four women and five men, sitting with three judges, convicted Dogan on Thursday of raping the victim in her home in the south of France in the morning of 29 June 2019.

The court heard that Dogan, a family man, reached out to the victim's spouse, the husband, in an digital platform titled “unbeknownst to her”, where Pelicot was looking for men to visit his house to rape his wife once he had rendered her unconscious into a comatose state.

“We hope the court will say loud and clear that in this country, fundamental rights are also women’s rights – that consent is individual, not delegated,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is obtained personally and not by proxy from a spouse.”

Case History

The ex-husband, among the most severe sexual predators in modern French history, was handed a sentence to twenty years in prison last year for drugging his wife at the time and inviting multiple perpetrators to rape her in her home in the community of the village of Mazan over a period of nearly ten years of their union.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and Dogan was the only man to challenge his conviction. He was initially sentenced to 9 years in prison, a sentence increased on Thursday to a decade.

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

Courtroom Details

Dogan had first sent the husband graphic images and then driven an hour from his village in the region to rape Gisèle Pelicot, after informing his wife he was stepping out, the testimony revealed.

The ex-husband, who was transported from isolation in prison to temporarily provide testimony at the retrial, informed the court that Dogan had been aware his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve sedated her without her consent.”

The courtroom became a central issue for a wider discussion on rape culture in society as Dogan continued to claim he was blameless and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had welcomed him into the residence, his behavior had been permissible.

The jury in the Nîmes appeals court was shown recorded footage of the victim's limp body, comatose and snoring in a unconscious condition, while a smiling Dogan engaged in violation multiple times over a timeframe of what investigators stated was 3.5 hours. The court official said she had been at risk of fatal outcome by asphyxiation. The state's case said there was absolute certainty that she had been incapacitated and had not agreed.

Defendant's Statements

The defendant informed the court the footage were simply “sexual encounters” and denied it was violation. He said what he did was “an intimate behavior”, not rape. He declared the court: “I did not commit rape.” He said the victim's husband had allowed him to the residence, and therefore it was permissible. He said he was influenced by the husband. “I wanted to stop,” the accused told the court. “I proceeded because he reassured me.”

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

Pelicot's Words

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by crowds assembled to support her, told the defendant in court: “You do not grasp. When will you admit you raped me? It is unlawful to rape an unconscious woman. At what point did I give you permission? At no time.”

Gisèle Pelicot, 72, became an global icon after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, addressing the victim in court, said Dogan’s refusal to take blame showed that: “The shame remains. The public is maybe in the midst of that, perhaps driven by the collective awareness spurred by the exposure of your situation.”

The prosecutor said Dogan’s claims of blamelessness showed how rape culture was still common in society as part of “archaic” forms of “gender-based power”. He said: “Now we must change rape culture to a society based on agreement.”

The prosecutor addressed the defendant: “While you reject 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 the country of Turkey and at the age of five came to the nation of France, where his father worked as a caretaker. The testimony revealed that his father was aggressive and that the defendant began consuming marijuana at the age of ten. When Dogan was seventeen he was caught by police for drug trafficking and his father kicked him out the residence. He was incarcerated in prison for trafficking in his early 20s and had worked as a builder but had experienced periods of homelessness.

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 evidence showed his spouse did not know he had frequent intimate relations beyond their marriage. His defence said this was his strategy for managing with his difficult circumstances. The defendant had informed a court psychologist that annually he engaged in commercial sex on his special day. His legal representatives told the court he had arthritis resulting from the stress of the original case.