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An individual was convicted on retrial of raping Gisele Pelicot after she was rendered comatose by her then-husband – and was given his prison sentence increased to ten years.

Retrial Proceedings

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

A jury of five men and four women, sitting with three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her bedroom in the south of France in the morning of June 29, 2019.

The testimony revealed that Dogan, a married father, made contact with the victim's spouse, the husband, in an internet forum named “without her consent”, where the husband was looking for men to come to his home to rape his wife after he had sedated her into a unconscious state.

“We hope the court will declare that in this country, human rights are also women’s rights – that agreement is personal, not given by another,” declared the victim's attorney, her legal representative. “Consent is received directly and not through someone else from a spouse.”

Case History

Dominique Pelicot, among the most severe sexual predators in modern French history, was handed a sentence to 20 years in prison last year for incapacitating his then wife and inviting dozens of men to sexually assault her in her home in the town of Mazan over a duration of nearly ten years of their marriage.

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

The state's attorney, the prosecutor, had argued he should serve 12 years, because he “completely denies to take any blame”.

Courtroom Details

Dogan had first sent the husband inappropriate pictures and then driven an hour from his town in Provence to rape the victim, after notifying his wife he was stepping out, the evidence indicated.

Pelicot, who was transported from solitary confinement in prison to temporarily give evidence at the hearing, stated to the court that Dogan had understood his wife had been “sedated” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a key topic for a wider discussion on societal attitudes in society as the defendant continued to say he was innocent and had not engaged in violation, contending that because Gisèle Pelicot’s husband had allowed him into the bedroom, his behavior had been acceptable.

The jury in the higher court was shown recorded footage of the victim's unconscious figure, unconscious and breathing heavily in a deep sleep, while a grinning the perpetrator performed assault multiple times over a period of what authorities reported was 3.5 hours. The presiding judge said she had been at danger of fatal outcome by suffocation. The state prosecution said there was no doubt that she had been incapacitated and had not consented.

Defendant's Statements

The defendant informed the court the footage were simply “sex scenes” and denied it was violation. He said what he did was “an intimate behavior”, not assault. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I carried on because he reassured me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I never wanted to harm that lady.”

Survivor's Statement

The survivor, who was cheered upon exiting the courtroom each day by supporters present to support her, told Dogan in court: “You fail to comprehend. When will you admit you violated me? It is illegal to rape an unconscious woman. When did I ever give you agreement? Never.”

The victim, 72, became an international feminist hero after she relinquished her right to confidentiality in the trial last year when she said: “The shame should shift.”

State's Argument

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s unwillingness to take responsibility showed that: “Shame has not yet changed sides. The community is possibly in the midst of that, possibly motivated by the public consciousness resulting from the revelation of your situation.”

Sie said Dogan’s claims of blamelessness showed how societal tolerance was still common in society as part of “archaic” forms of “patriarchal control”. He said: “Now we must change rape culture to a society based on agreement.”

The prosecutor addressed Dogan: “While you refuse to admit it, it’s not just a individual, it’s an entire disturbing cultural framework that you are supporting.”

Biographical Details

The accused was born in Turkey and at the age of five moved to the nation of France, where his father worked as a concierge. The court heard that his father was aggressive and that Dogan began smoking cannabis at the age of ten. When Dogan was seventeen he was stopped by police for selling narcotics and his father forced him to leave of home. He spent time in prison for trafficking in his twenties and had worked as a builder but had experienced periods of being unhoused.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had repeated sexual encounters outside their marriage. His legal team said this was his method of dealing with his difficult circumstances. The defendant had informed a court psychologist that annually he sought paid sex on his special day. His lawyers informed the court he had arthritis triggered by the anxiety of the original case.