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A man was convicted on appeal of raping Gisele Pelicot following she was sedated by her spouse – and was given his jail term increased to a decade.

Appeal Trial

The defendant, 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 four women and five men, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in the south of France in the morning of June 29, 2019.

The court heard that the accused, a married father, connected with the victim's spouse, Dominique Pelicot, in an digital platform titled “without her knowledge”, where Pelicot was recruiting men to visit his house to rape his wife once he had rendered her unconscious into a deep sleep.

“We hope the court will affirm that in this society, fundamental rights are also women’s rights – that permission is personal, not delegated,” said Gisèle Pelicot’s attorney, her legal representative. “Permission is received directly and not through someone else from a husband.”

Case History

The ex-husband, one of the worst sexual predators in France's contemporary records, was handed a sentence to twenty years in prison last year for drugging his then wife and bringing in dozens of men to rape her in her home in the town of the village of Mazan over a period of nearly ten years of their union.

Dozens of additional defendants were found guilty in a notable trial last year, and the appellant was the single defendant to contest his sentence. He was originally sentenced to nine years in prison, a penalty enhanced 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 village in Provence to rape Gisèle Pelicot, after informing his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from segregation in prison to temporarily give evidence at the retrial, told the court that the accused had known his wife had been “drugged” and he communicated to men by phone: “I want someone to assault my wife after I’ve put her to sleep without her knowledge.”

The trial became a central issue for a larger conversation on rape culture in society as the defendant continued to claim he was not guilty and had not committed rape, arguing that because the victim's husband had invited him into the residence, his conduct had been permissible.

The jury in the higher court was presented with video evidence of the victim's unconscious figure, comatose and snoring in a comatose state, while a smiling Dogan engaged in violation repeatedly over a period of what investigators stated was 3.5 hours. The court official said she had been at danger of fatal outcome by suffocation. The prosecution said there was no doubt that she had been incapacitated and had not consented.

Dogan's Claims

Dogan stated to the court the videos were simply “sexual encounters” and disputed it was violation. He said what he did was “a consensual activity”, not rape. He told the court: “I never raped.” He said the victim's husband had invited him to the house, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan informed the court. “I proceeded because he convinced me.”

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

Survivor's Statement

The victim, who was supported upon leaving court each day by supporters present to back her, said to the defendant in court: “You fail to comprehend. When are you going to recognise you raped me? It is unlawful to rape an unconscious woman. At what point did I give you agreement? Never.”

Gisèle Pelicot, seventy-two, became an global icon after she waived her right to confidentiality in the trial last year when she said: “The shame should shift.”

State's Argument

The prosecutor, addressing the victim in court, said the defendant's unwillingness to take accountability showed that: “The shame remains. The community is possibly in the process of that, maybe driven by the societal understanding resulting from the revelation of your case.”

The prosecutor said the defendant's claims of blamelessness showed how rape culture was still widespread in society as part of “old-fashioned” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

The prosecutor said to Dogan: “For as much as you reject it, it’s not just a woman, it’s an complete sordid societal structure 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 parent worked as a caretaker. The evidence indicated that his parent was abusive and that the defendant began consuming marijuana aged 10. When he was 17 he was apprehended by authorities for selling narcotics 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 construction worker but had experienced periods of living on the streets.

He was married and had a son with a genetic condition, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The testimony revealed his spouse did not know he had repeated intimate relations beyond their marriage. His legal team said this was his way of coping with his stressful life. Dogan had informed a mental health expert that each year he looked for transactional encounters on his birthday. His attorneys informed the court he had a medical condition resulting from the anxiety of the original case.