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A man was convicted on appeal of raping Gisèle Pelicot following she was sedated by her spouse – and has had his jail term extended to 10 years.

Appeal Trial

Dogan, 44, an unemployed builder, who had appealed his initial guilty verdict last year, underwent a new trial this week at the Nîmes court of appeal.

A jury of nine jurors, sitting with three judges, found Dogan guilty on Thursday of raping Pelicot in her home in Provence in the early hours of 29 June 2019.

The court heard that the accused, a married father, made contact with the victim's then husband, Dominique Pelicot, in an online chatroom named “unbeknownst to her”, where the husband was looking for men to enter his residence to assault his wife once he had drugged her into a unconscious state.

We trust the jury will affirm that in this country, human rights are also rights of women – that permission is personal, not given by another,” declared the victim's lawyer, her legal representative. “Permission is secured directly and not via a representative from a husband.”

Case History

The husband, a notorious sexual predators in modern French history, was handed a sentence to two decades in prison last year for incapacitating his spouse and inviting multiple perpetrators to sexually assault her in her home in the town of Mazan over a period of almost a decade of their union.

Fifty other men were found convicted in a widely publicized trial last year, and the appellant was the sole individual to contest his verdict. He was originally given a sentence to nine years in prison, a punishment enhanced on Thursday to a decade.

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

Testimony and Proof

The defendant had initially sent Dominique Pelicot graphic images and then driven an hour from his town in the region to assault the victim, after telling his wife he was stepping out, the testimony revealed.

Pelicot, who was transported from solitary confinement in prison to temporarily provide testimony at the appeal trial, stated to the court that the accused had understood his wife had been “sedated” and he said to men by phone: “I want someone to assault my wife after I’ve sedated her unbeknownst to her.”

The proceedings became a key topic for a wider discussion on societal attitudes in society as the defendant continued to claim he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had allowed him into the bedroom, his behavior had been permissible.

The panel in the higher court was shown recorded footage of the victim's limp body, sedated and breathing heavily in a deep sleep, while a smiling Dogan committed rape multiple times over a period of what investigators stated was three and a half hours. The presiding judge said she had been at peril of death by asphyxiation. The state's case said there was absolute certainty that she had been unconscious and had not consented.

Accused's Testimony

The defendant told the court the footage were simply “sex scenes” and disputed 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 invited him to the home, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I carried on because he convinced me.”

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

Survivor's Statement

The survivor, who was supported upon departing the trial each day by supporters present to back her, told the defendant in court: “You do not grasp. When are you going to recognise you raped me? It is unlawful to rape an unconscious woman. At what point did I give you permission? Never.”

The victim, seventy-two, became an international feminist hero after she gave up 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 unwillingness to take accountability showed that: “Guilt has not shifted. The public is possibly in the process of that, possibly driven by the collective awareness spurred by the revelation of your case.”

Sie said Dogan’s claims of innocence showed how normalized violence was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a culture of consent.”

Sie addressed Dogan: “For as much as you deny it, it’s not just a woman, it’s an complete disturbing social system that you are endorsing.”

Defendant's Background

The accused was originated from Turkey and at the age of five came to France, where his father worked as a building manager. The court heard that his parent was aggressive and that the defendant began using drugs at the age of 10. When he was 17 he was caught by police for dealing drugs and his parent kicked him out of home. He spent time in prison for narcotics offenses in his twenties and had worked as a builder but had experienced periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The evidence showed his spouse did not know he had frequent sexual encounters outside their union. His defence said this was his strategy for managing with his stressful life. The defendant had stated to a court psychologist that annually he sought transactional encounters on his special day. His attorneys informed the court he had joint inflammation triggered by the pressure of the first trial.