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An individual was declared guilty on appeal of raping Gisèle Pelicot following she was drugged unconscious by her then-husband – and received his jail term raised to a decade.

Appeal Trial

The defendant, 44, 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 jury of nine jurors, accompanied by 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 evidence showed that Dogan, a married father, reached out to Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom named “without her consent”, where Pelicot was seeking men to visit his house to rape his wife once he had rendered her unconscious into a unconscious state.

We trust the panel will declare that in this nation, fundamental rights are also rights of women – that agreement is individual, not given by another,” declared the victim's lawyer, her legal representative. “Agreement is obtained personally and not by proxy from a husband.”

Case History

The husband, among the most severe sexual predators in France's contemporary records, was given a prison term to two decades in prison last year for incapacitating his wife at the time and inviting numerous individuals to rape her in her home in the Provence village of Mazan over a duration of almost a decade of their marriage.

Dozens of additional defendants were found culpable in a notable trial last year, and Dogan was the only man to challenge his sentence. He was initially given a sentence to 9 years in prison, a punishment enhanced on Thursday to ten years.

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

Evidence Presented

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

The ex-husband, who was transported from isolation in prison to temporarily give evidence at the hearing, stated to the court that Dogan had known 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 without her consent.”

The trial became a central issue for a broader debate on rape culture in society as the defendant continued to claim he was not guilty and had not engaged in violation, contending that because the victim's husband had invited him into the bedroom, his behavior had been acceptable.

The jury in the higher court was displayed video evidence of Gisèle Pelicot’s limp body, comatose and breathing heavily in a unconscious condition, while a smiling Dogan performed assault multiple times over a period of what investigators stated was three and a half hours. The presiding judge said she had been at danger of death by choking. The state prosecution said there was absolute certainty that she had been unconscious and had not given permission.

Defendant's Statements

Dogan told the court the videos were simply “intimate moments” and rejected it was violation. He said what he did was “a sexual act”, not assault. He declared the court: “I did not commit rape.” He said the victim's husband had brought him to the house, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I carried on because he convinced me.”

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

Pelicot's Words

The survivor, who was applauded upon leaving court each day by supporters gathered to support her, addressed the defendant in court: “You haven’t understood. When are you going to recognise you raped me? It is illegal to rape an incapacitated woman. When did I ever give you permission? Never.”

Gisèle Pelicot, seventy-two, became an global icon 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 the victim in court, said Dogan’s failure to take accountability showed that: “Shame has not yet changed sides. The community is perhaps in the course of that, possibly driven by the public consciousness spurred by the exposure of your case.”

The prosecutor said Dogan’s claims of non-guilt showed how normalized violence was still common in society as part of “archaic” forms of “male domination”. He said: “We need to change the culture of violence to a culture of consent.”

Sie told Dogan: “As long as you reject it, it’s not just a individual, it’s an complete sordid social system that you are upholding.”

Personal History

The accused was originated from Turkey and at the age of five came to France, where his parent worked as a caretaker. The testimony revealed that his father was aggressive and that Dogan began using drugs aged 10. When he was 17 he was apprehended by authorities for selling narcotics and his parent forced him to leave of home. He served time in prison for narcotics offenses in his twenties and had worked as a construction worker but had experienced periods of being unhoused.

He was wed and had a child with Down’s syndrome, who he was the principal carer for, as his wife worked in a institution's dining hall. The court heard his spouse did not know he had frequent intimate relations outside their union. His legal team said this was his method of dealing with his difficult circumstances. The defendant had stated to a mental health expert that once a year he looked for commercial sex on his birthday. His attorneys informed the court he had joint inflammation resulting from the stress of the initial proceedings.