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A defendant was convicted on higher court review of raping Gisèle Pelicot after she was sedated by her then-husband – and received his incarceration period extended to ten years.

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had contested his first conviction last year, faced a appeal hearing this week at the Nîmes court of appeal.

A panel of five men and four women, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her home in southern France in the early hours of June 29, 2019.

The testimony revealed that Dogan, a married father, reached out to Gisèle Pelicot’s husband at the time, the husband, in an digital platform named “without her consent”, where Pelicot was looking for men to come to his home to rape his wife once he had rendered her unconscious into a comatose state.

We expect the jury will declare that in this nation, fundamental rights are also women’s rights – that permission is personal, not delegated,” declared Gisèle Pelicot’s attorney, her legal representative. “Permission is secured personally and not through someone else from a spouse.”

Case History

The husband, among the most severe sexual predators in modern French history, was given a prison term to two decades in prison last year for sedating his wife at the time and bringing in dozens of men to rape her in her home in the community of the village of Mazan over a period of many years of their union.

Numerous other individuals were found convicted in a notable trial last year, and the appellant was the single defendant to contest his verdict. He was initially given a sentence to 9 years in prison, a sentence increased on Thursday to 10 years.

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

Evidence Presented

The defendant had first sent the husband inappropriate pictures and then driven an hour from his residence in Provence to assault Gisèle Pelicot, after informing his wife he was leaving, the testimony revealed.

The ex-husband, who was transported from segregation in prison to temporarily provide testimony at the appeal trial, informed the court that Dogan had understood his wife had been “incapacitated” and he communicated 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 central issue for a wider discussion on societal attitudes in society as Dogan continued to assert he was not guilty and had not committed rape, stating that because Gisèle Pelicot’s husband had welcomed him into the residence, his behavior had been justifiable.

The jury in the higher court was presented with video evidence of Gisèle Pelicot’s limp body, sedated and breathing heavily in a unconscious condition, while a smiling Dogan engaged in violation repeatedly over a timeframe of what police said was three and a half hours. The presiding judge said she had been at risk of fatal outcome by asphyxiation. The prosecution said there was no doubt that she had been unconscious and had not agreed.

Defendant's Statements

The defendant informed the court the recordings were simply “sex scenes” and denied it was assault. He said what he did was “an intimate behavior”, not rape. 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 deceived by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I proceeded because he reassured me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I never wanted to injure that individual.”

Pelicot's Words

The survivor, who was supported upon exiting the courtroom each day by crowds assembled to support her, addressed the defendant in court: “You do not grasp. When will you admit you assaulted me? It’s a crime to assault an unconscious woman. At what point did I give you consent? Not once.”

The victim, 72, became an global icon after she gave up her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said Dogan’s unwillingness to take accountability showed that: “Shame has not yet changed sides. Society is maybe in the midst of that, maybe propelled by the public consciousness brought by the exposure of your situation.”

The prosecutor said the defendant's claims of non-guilt showed how rape culture was still widespread in society as part of “old-fashioned” forms of “patriarchal control”. He said: “We need to change rape culture to a society based on agreement.”

The prosecutor said to the defendant: “While you deny it, it’s not just a woman, it’s an complete disturbing social system that you are upholding.”

Personal History

Dogan was born in Turkey and at the age of five came to the nation of France, where his parent worked as a caretaker. The testimony revealed that his father was violent and that the defendant began smoking cannabis aged ten. When Dogan was seventeen he was caught by police for dealing drugs and his father kicked him out the residence. He spent time in prison for trafficking in his early 20s and had worked as a builder but had undergone periods of being unhoused.

He was wed and had a son with a genetic condition, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The court heard his spouse did not know he had frequent sexual encounters beyond their marriage. His legal team said this was his strategy for managing with his stressful life. The defendant had told a court psychologist that once a year he looked for commercial sex on his special day. His attorneys told the court he had a medical condition caused by the stress of the first trial.