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An individual has been found guilty on higher court review of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her spouse – and was given his incarceration period raised to a decade.

Appeal Trial

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

A jury of five men and four women, accompanied by three judges, convicted Dogan on Thursday of raping Pelicot in her home in Provence in the early hours of June 29, 2019.

The testimony revealed that Dogan, a married father, reached out to Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform named “without her knowledge”, where the husband was looking for men to come to his home to rape his wife once he had drugged her into a deep sleep.

“We hope the jury will declare that in this nation, human rights are also rights of women – that permission is individual, not delegated,” said the victim's attorney, Antoine Camus. “Agreement is secured directly and not through someone else from a husband.”

Case History

The ex-husband, one of the worst sexual predators in modern French history, was given a prison term to two decades in prison last year for drugging his wife at the time and bringing in numerous individuals to rape her in her home in the community of the village of Mazan over a duration of many years of their union.

Numerous other individuals were found guilty in a notable trial last year, and Dogan was the only man to appeal against his sentence. He was first handed a term to nine years in prison, a punishment increased on Thursday to ten years.

The state's attorney, Dominique Sie, had stated he should serve 12 years, because he “completely denies to take any responsibility”.

Testimony and Proof

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

Pelicot, who was brought from solitary confinement in prison to temporarily provide testimony at the hearing, informed the court that Dogan had understood his wife had been “incapacitated” and he told to men by phone: “I seek someone to violate my wife after I’ve put her to sleep without her knowledge.”

The courtroom became a focus point for a wider discussion on rape culture in society as the defendant continued to claim he was innocent and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had allowed him into the residence, his actions had been justifiable.

The panel in the Nîmes appeals court was shown visual proof of Gisèle Pelicot’s unresponsive form, comatose and snoring in a comatose state, while a smiling the perpetrator performed assault on several occasions over a timeframe of what investigators stated was three and a half hours. The judge said she had been at risk of death by choking. The state's case said there was no question that she had been unconscious and had not consented.

Defendant's Statements

Dogan told the court the recordings were simply “intimate moments” and denied it was violation. He said what he did was “an intimate behavior”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was acceptable. He said he was deceived by the husband. “I wanted to stop,” the accused told the court. “I continued because he convinced me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I had no desire to harm that woman.”

Victim's Response

The survivor, who was cheered upon leaving court each day by supporters assembled to stand with her, said to the defendant in court: “You fail to comprehend. When are you going to recognise you assaulted me? It is illegal to rape an unaware woman. How could I have give you consent? Never.”

The victim, 72, became an international feminist hero after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's failure to take responsibility showed that: “The shame remains. The public is perhaps in the process of that, possibly driven by the societal understanding spurred by the publication of your situation.”

Sie said Dogan’s claims of non-guilt showed how normalized violence was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change rape culture to a ethos of permission.”

Sie addressed the defendant: “While you deny it, it’s not just a woman, it’s an entire disturbing cultural framework that you are upholding.”

Biographical Details

Dogan was originated from Turkey and at the age of five came to the nation of France, where his father worked as a concierge. The evidence indicated that his parent was abusive and that the defendant began using drugs at the age of 10. When he was 17 he was apprehended by police for dealing drugs and his father forced him to leave of home. He served time in prison for trafficking in his twenties and had worked as a laborer but had experienced periods of being unhoused.

He was married and had a son with special needs, who he was the principal carer for, as his wife worked in a school canteen. The evidence showed his wife did not know he had frequent extramarital activities beyond their union. His legal team said this was his strategy for managing with his stressful life. Dogan had told a evaluator that once a year he looked for paid sex on his birthday. His lawyers told the court he had joint inflammation triggered by the anxiety of the initial proceedings.