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A man was convicted on higher court review of raping Gisele Pelicot following she was drugged unconscious by her then-husband – and has had his incarceration period extended to 10 years.

Appeal Trial

The defendant, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, experienced a new trial this week at the appeals court in Nîmes.

A jury of nine jurors, joined by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her home in the south of France in the early hours of June 29, 2019.

The evidence showed that Dogan, a family man, reached out to the victim's spouse, Dominique Pelicot, in an digital platform called “without her knowledge”, where Pelicot 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 affirm that in this nation, human rights are also rights of women – that permission is individual, not delegated,” declared Gisèle Pelicot’s lawyer, her legal representative. “Permission is obtained personally and not by proxy from a spouse.”

Case History

The ex-husband, one of the worst sex offenders in modern French history, was handed a sentence to twenty years in prison last year for sedating his spouse and soliciting multiple perpetrators to rape her in her home in the community of Mazan over a period of almost a decade of their marriage.

Fifty other men were found guilty in a high-profile trial last year, and the appellant was the sole individual to contest his verdict. He was originally handed a term to nine years in prison, a penalty raised on Thursday to ten years.

The state's attorney, the prosecutor, had stated he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Courtroom Details

The defendant had initially sent Dominique Pelicot graphic images and then traveled an hour from his residence in Provence to assault the victim, after informing his wife he was stepping out, the evidence indicated.

The ex-husband, who was transported from solitary confinement in prison to temporarily provide testimony at the hearing, told the court that the accused had known his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep without her consent.”

The courtroom became a focus point for a larger conversation on sexual violence norms in society as the defendant continued to assert he was innocent and had not committed rape, arguing that because the victim's husband had welcomed him into the room, his actions had been acceptable.

The jury in the Nîmes appeals court was presented with visual proof of Gisèle Pelicot’s limp body, unconscious and snoring in a deep sleep, while a grinning Dogan committed rape repeatedly over a duration of what investigators stated was 3.5 hours. The presiding judge said she had been at peril of death by choking. The state prosecution said there was no doubt that she had been unaware and had not given permission.

Accused's Testimony

Dogan stated to the court the recordings were simply “intimate moments” and denied it was assault. He said what he did was “a consensual activity”, not assault. He declared the court: “I did not commit rape.” He said the victim'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 carried on because he convinced me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I had no desire to harm that woman.”

Victim's Response

The survivor, who was supported upon leaving court each day by supporters present to support her, addressed the defendant in court: “You do not grasp. When will you admit you raped me? It’s a crime to assault an unconscious woman. How could I have give you permission? Not once.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, addressing the victim in court, said the defendant's failure to take accountability showed that: “The shame remains. The community is maybe in the midst of that, perhaps propelled by the public consciousness spurred by the exposure of your ordeal.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

Sie said to the defendant: “As long as you reject it, it’s not just a individual, it’s an complete unpleasant social system that you are upholding.”

Personal History

Dogan was originated from the country of Turkey and at the age of five came to France, where his father worked as a caretaker. The evidence indicated that his parent was abusive and that the defendant began using drugs at the age of 10. When Dogan was seventeen he was apprehended by police for dealing drugs and his parent kicked him out of home. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a builder but had faced periods of being unhoused.

He was wed and had a son with special needs, who he was the principal carer for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had repeated extramarital activities beyond their marriage. His defence said this was his way of coping with his difficult circumstances. Dogan had informed a mental health expert that each year he looked for commercial sex on his birthday. His legal representatives stated to the court he had a medical condition triggered by the anxiety of the original case.