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An individual was declared guilty on higher court review of raping Gisèle Pelicot after she was sedated by her husband – and has had his jail term raised to 10 years.

Appeal Trial

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

A jury of four women and five men, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her residence in the south of France in the early hours of 29 June 2019.

The court heard that the accused, a married father, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform named “without her consent”, where Pelicot was recruiting men to come to his home to rape his wife once he had sedated her into a deep sleep.

We expect the panel will declare that in this nation, fundamental rights are also rights of women – that consent is personal, not delegated,” stated the victim's attorney, her legal representative. “Consent is secured personally and not through someone else from a husband.”

Case History

The husband, among the most severe sex offenders in France's contemporary records, was given a prison term to twenty years in prison last year for incapacitating his wife at the time and soliciting dozens of men to rape her in her home in the town of Mazan over a period of almost a decade of their marriage.

Numerous other individuals were found guilty in a notable trial last year, and the appellant was the only man to challenge his conviction. He was first handed a term to nine years in prison, a sentence enhanced on Thursday to a decade.

The state's attorney, Dominique Sie, had stated he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his town in Provence to assault Gisèle Pelicot, after telling his wife he was going out, the evidence indicated.

Pelicot, who was transported from solitary confinement in prison to briefly provide testimony at the hearing, told the court that Dogan had been aware his wife had been “drugged” and he communicated to men by phone: “I seek someone to violate my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a focus point for a broader debate on rape culture in society as the defendant continued to say he was blameless and had not committed rape, arguing that because the victim's husband had invited him into the room, his conduct had been justifiable.

The jury in the higher court was shown visual proof of Gisèle Pelicot’s unconscious figure, sedated and snoring in a unconscious condition, while a grinning Dogan engaged in violation on several occasions over a duration of what police said was 3.5 hours. The court official said she had been at peril of fatal outcome by suffocation. The state's case said there was no question that she had been unaware and had not agreed.

Defendant's Statements

Dogan informed the court the footage were simply “sexual encounters” and disputed it was rape. He said what he did was “a sexual act”, not assault. He told the court: “I never raped.” He said the victim's husband had brought him to the home, and therefore it was acceptable. He said he was deceived by the husband. “I attempted to cease,” the accused informed the court. “I proceeded because he persuaded me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I never wanted to hurt that individual.”

Victim's Response

The survivor, who was applauded upon exiting the courtroom each day by onlookers gathered to back her, told the defendant in court: “You fail to comprehend. When will you admit you assaulted me? It’s a crime to assault an unaware woman. At what point did I give you agreement? Never.”

Gisèle Pelicot, 72, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “The shame should shift.”

Legal Commentary

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take responsibility showed that: “Shame has not yet changed sides. Society is possibly in the course of that, perhaps propelled by the collective awareness resulting from the publication of your case.”

The prosecutor said Dogan’s claims of non-guilt showed how normalized violence was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change rape culture to a ethos of permission.”

The prosecutor addressed the defendant: “As long as you refuse to admit it, it’s not just a woman, it’s an entire sordid societal structure that you are supporting.”

Personal History

The accused was originated from Turkey and at the age of 5 came to the nation of France, where his parent worked as a caretaker. The evidence indicated that his parent was abusive and that the defendant began using drugs at the age of 10. When Dogan was 17 he was caught by authorities for dealing drugs and his parent forced him to leave the residence. He was incarcerated in prison for trafficking in his twenties and had worked as a construction worker but had undergone periods of living on the streets.

He was married and had a son with a genetic condition, who he was the principal carer for, as his spouse worked in a institution's dining hall. The testimony revealed his spouse did not know he had regular sexual encounters beyond their marriage. His defence said this was his way of coping with his stressful life. Dogan had told a mental health expert that once a year he engaged in paid sex on his birthday. His legal representatives informed the court he had a medical condition caused by the pressure of the original case.