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An individual has been found guilty on higher court review of raping Gisele Pelicot after she was sedated by her husband – and received his jail term increased to 10 years.

Appeal Trial

The defendant, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, faced a retrial this week at the higher court in Nîmes.

A jury of nine jurors, accompanied by three judges, convicted Dogan on Thursday of raping the victim in her home in the south of France in the early hours of 29 June 2019.

The testimony revealed that Dogan, a family man, connected with Gisèle Pelicot’s spouse, the husband, in an online chatroom named “without her consent”, where the husband was looking for men to enter his residence to assault his wife once he had rendered her unconscious into a unconscious state.

We trust the court will say loud and clear that in this society, human rights are also women’s rights – that consent is individual, not given by another,” stated the victim's attorney, her legal representative. “Permission is received personally and not through someone else from a spouse.”

Case History

The ex-husband, a notorious sex offenders in France's contemporary records, was handed a sentence to 20 years in prison last year for sedating his wife at the time and soliciting numerous individuals to rape her in her home in the Provence village of the village of Mazan over a period of almost a decade of their marriage.

Fifty other men were found guilty in a widely publicized trial last year, and Dogan was the only man to appeal against his conviction. He was initially handed a term to nine years in prison, a punishment increased on Thursday to a decade.

The lead state prosecutor, the prosecutor, had contended he should serve twelve years, because he “absolutely refuses to take any blame”.

Evidence Presented

The defendant had first sent the husband sexually explicit photos and then driven an hour from his village in the region to assault Gisèle Pelicot, after telling his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from segregation in prison to briefly provide testimony at the appeal trial, informed the court that the accused 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 consent.”

The courtroom became a key topic for a larger conversation on sexual violence norms in society as Dogan continued to say he was blameless and had not committed rape, stating that because Gisèle Pelicot’s husband had allowed him into the residence, his conduct had been acceptable.

The panel in the Nîmes appeals court was shown visual proof of the victim's limp body, comatose and breathing heavily in a unconscious condition, while a grinning the perpetrator committed rape repeatedly over a duration of what police said was several hours. The judge said she had been at danger of death by choking. The prosecution said there was no question that she had been unaware and had not agreed.

Dogan's Claims

Dogan told the court the videos were simply “sexual encounters” and denied it was assault. He said what he did was “a sexual act”, not rape. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I carried on because he persuaded me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I did not intend to hurt that lady.”

Survivor's Statement

The victim, who was cheered upon leaving court each day by crowds present to stand with her, addressed Dogan in court: “You do not grasp. When are you going to recognise you assaulted me? It is unlawful to rape an unconscious woman. How could I have give you consent? Not once.”

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.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said Dogan’s refusal to take blame showed that: “Guilt has not shifted. The public is possibly in the course of that, perhaps propelled by the societal understanding resulting from the revelation of your case.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still common in society as part of “outdated” forms of “gender-based power”. He said: “We need to change the culture of violence to a culture of consent.”

Sie told Dogan: “While you reject it, it’s not just a woman, it’s an complete disturbing cultural framework that you are endorsing.”

Defendant's Background

Dogan was born in Turkey and at the age of five relocated to the nation of France, where his father worked as a caretaker. The evidence indicated that his parent was aggressive and that Dogan began using drugs aged ten. When he was 17 he was caught by authorities for drug trafficking and his father evicted him of home. He served time in prison for drug dealing in his young adulthood and had worked as a laborer but had experienced periods of homelessness.

He was married and had a child with special needs, 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 regular intimate relations beyond their marriage. His legal team said this was his way of coping with his challenging existence. The defendant had stated to a evaluator that each year he sought commercial sex on his special day. His lawyers stated to the court he had a medical condition resulting from the anxiety of the initial proceedings.