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A defendant has been found guilty on appeal of sexually assaulting Gisele Pelicot following she was drugged unconscious by her then-husband – and received his jail term increased to a decade.

Appeal Trial

Dogan, forty-four, an unemployed builder, who had contested his initial guilty verdict last year, underwent a appeal hearing this week at the Nîmes court of appeal.

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

The testimony revealed that the accused, a family man, connected with the victim's husband at the time, the husband, in an internet forum called “without her knowledge”, where the husband was looking for men to come to his home to rape his wife once he had rendered her unconscious into a deep sleep.

We trust the jury will say loud and clear that in this country, human rights are also rights of women – that consent is individual, not delegated,” said Gisèle Pelicot’s attorney, her legal representative. “Permission is obtained personally and not by proxy from a spouse.”

Case History

Dominique Pelicot, a notorious sex offenders in modern French history, was sentenced to 20 years in prison last year for incapacitating his spouse and inviting dozens of men to sexually assault her in her home in the community of the village of Mazan over a span of nearly ten years of their marriage.

Dozens of additional defendants were found convicted in a high-profile trial last year, and Dogan was the single defendant to challenge his sentence. He was originally handed a term to nine years in prison, a punishment enhanced on Thursday to 10 years.

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

Courtroom Details

The defendant had first sent the husband 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 testimony revealed.

The ex-husband, who was transported from segregation in prison to briefly give evidence at the hearing, stated to the court that the accused had known his wife had been “incapacitated” and he said to men by phone: “I seek someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a focus point for a broader debate on sexual violence norms in society as Dogan continued to claim he was blameless and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had welcomed him into the residence, his actions had been acceptable.

The jury in the higher court was presented with recorded footage of the victim's limp body, comatose and breathing heavily in a comatose state, while a smiling Dogan engaged in violation on several occasions over a period of what authorities reported was 3.5 hours. The presiding judge said she had been at risk of death by choking. The prosecution said there was no question that she had been incapacitated and had not consented.

Accused's Testimony

The defendant stated to the court the footage were simply “sexual encounters” and disputed it was violation. He said what he did was “a consensual activity”, not rape. He declared the court: “I never raped.” He said the victim's husband had brought him to the home, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I wanted to stop,” Dogan told the court. “I continued because he persuaded me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I never wanted to hurt that lady.”

Pelicot's Words

The survivor, who was cheered upon departing the trial each day by onlookers gathered to support her, addressed Dogan in court: “You haven’t understood. When will you admit you violated me? It is illegal to rape an incapacitated woman. When did I ever give you agreement? Never.”

Gisèle Pelicot, seventy-two, became an global icon 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 refusal to take responsibility showed that: “Guilt has not shifted. Society is perhaps in the process of that, possibly driven by the collective awareness resulting from the publication of your case.”

The prosecutor said Dogan’s claims of blamelessness showed how normalized violence was still widespread in society as part of “outdated” forms of “male domination”. He said: “We need to change the culture of violence to a ethos of permission.”

Sie addressed Dogan: “While you deny it, it’s not just a individual, it’s an entire sordid societal structure that you are upholding.”

Personal History

The accused was originated from Turkey and at the age of 5 moved to France, where his father worked as a concierge. The court heard that his parent was aggressive and that Dogan began using drugs at the age of ten. When he was 17 he was stopped by police for drug trafficking and his father forced him to leave the residence. He was incarcerated in prison for trafficking in his twenties and had worked as a laborer but had experienced periods of living on the streets.

He was married and had a child with a genetic condition, who he was the principal carer for, as his spouse worked in a institution's dining hall. The court heard his spouse did not know he had frequent sexual encounters outside their union. His defence said this was his way of coping with his difficult circumstances. The defendant had informed a mental health expert that once a year he looked for paid sex on his birthday. His lawyers informed the court he had joint inflammation caused by the stress of the first trial.