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A man was declared guilty on higher court review of raping Gisele Pelicot after she was drugged unconscious by her then-husband – and received his jail term increased to a decade.

Appeal Trial

Dogan, forty-four, an out-of-work construction worker, who had contested his initial guilty verdict last year, experienced a appeal hearing this week at the higher court in Nîmes.

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

The court heard that Dogan, a family man, reached out to Gisèle Pelicot’s husband at the time, the husband, in an online chatroom called “without her consent”, where the husband was recruiting men to visit his house to assault his wife once he had rendered her unconscious into a comatose state.

We trust the panel will declare that in this country, fundamental rights are also women’s rights – that consent is personal, not delegated,” said Gisèle Pelicot’s lawyer, her legal representative. “Agreement is secured directly and not via a representative from a spouse.”

Case History

Dominique Pelicot, one of the worst sexual predators in modern French history, was given a prison term to 20 years in prison last year for incapacitating his then wife and inviting dozens of men to rape her in her home in the Provence village of the village of Mazan over a period of almost a decade of their union.

Dozens of additional defendants were found convicted in a high-profile trial last year, and the appellant was the sole individual to challenge his conviction. He was first given a sentence to 9 years in prison, a punishment raised on Thursday to 10 years.

The state's attorney, Dominique Sie, had contended he should serve twelve years, because he “completely denies to take any blame”.

Evidence Presented

The defendant had first sent the husband inappropriate pictures and then driven an hour from his village in Provence to assault the victim, after notifying his wife he was going out, the testimony revealed.

Pelicot, who was transported from solitary confinement in prison to temporarily give evidence at the retrial, informed the court that the accused had been aware 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 unbeknownst to her.”

The courtroom became a focus point for a wider discussion on societal attitudes in society as the defendant continued to say he was innocent and had not engaged in violation, arguing that because the victim's husband had welcomed him into the room, his behavior had been permissible.

The jury in the Nîmes appeals court was shown visual proof of the victim's limp body, sedated and breathing heavily in a deep sleep, while a smiling Dogan performed assault on several occasions over a period of what police said was several hours. The presiding judge said she had been at peril of fatal outcome by choking. The state prosecution said there was no doubt that she had been unaware and had not consented.

Defendant's Statements

The defendant told the court the videos were simply “sexual encounters” and disputed it was violation. He said what he did was “an intimate behavior”, not assault. He stated the court: “I am innocent of assault.” He said the victim's husband had brought him to the home, and therefore it was acceptable. He said he was manipulated by the husband. “I wanted to stop,” Dogan informed the court. “I continued because he persuaded me.”

Asked if he wanted to make a last words to the court, the defendant said: “I never wanted to harm that lady.”

Survivor's Statement

The survivor, who was applauded upon departing the trial each day by onlookers present to support her, told Dogan in court: “You do not grasp. When are you going to recognise you raped me? It is illegal to assault an incapacitated woman. At what point did I give you agreement? Not once.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she gave up her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said the defendant's refusal to take accountability showed that: “The shame remains. The community is maybe in the midst of that, possibly driven by the collective awareness brought by the publication of your situation.”

Sie said the defendant's claims of blamelessness showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “patriarchal control”. He said: “We need to change rape culture to a ethos of permission.”

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

Personal History

Dogan 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 caretaker. The court heard that his parent was violent and that the defendant began using drugs aged ten. When Dogan was seventeen he was caught by authorities for drug trafficking and his father evicted him the residence. He spent time in prison for drug dealing in his twenties and had worked as a construction worker but had undergone periods of homelessness.

He was married and had a child with a genetic condition, who he was the principal carer for, as his wife worked in a school canteen. The court heard his wife did not know he had regular sexual encounters outside their marriage. His defence said this was his method of dealing with his stressful life. Dogan had stated to a court psychologist that once a year he engaged in transactional encounters on his birthday. His attorneys stated to the court he had arthritis triggered by the pressure of the initial proceedings.