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An individual was declared guilty on higher court review of raping Gisèle Pelicot following she was sedated by her then-husband – and has had his jail term increased to 10 years.

Higher Court Case

The defendant, 44, an unemployed builder, who had challenged his first conviction last year, faced a appeal hearing this week at the Nîmes court of appeal.

A panel of five men and four women, sitting with three judges, convicted Dogan on Thursday of raping the victim in her residence in Provence in the morning of 29 June 2019.

The court heard that Dogan, a married father, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom titled “unbeknownst to her”, where the husband was looking for men to enter his residence to rape his wife after he had sedated her into a unconscious state.

We expect the court will declare that in this society, fundamental rights are also rights of women – that permission is personal, not transferred,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is obtained directly and not via a representative from a husband.”

Case History

The ex-husband, a notorious sex offenders in recent French history, was given a prison term to two decades in prison last year for incapacitating his then wife and soliciting numerous individuals to sexually assault her in her home in the Provence village of the village of Mazan over a duration of many years of their union.

Numerous other individuals were found culpable in a notable trial last year, and the appellant was the sole individual to contest his sentence. He was initially handed a term to nine years in prison, a punishment enhanced on Thursday to a decade.

The chief prosecutor, the prosecutor, had argued he should serve 12 years, because he “completely denies to take any accountability”.

Testimony and Proof

The defendant had initially sent the husband sexually explicit photos and then driven an hour from his town in Provence to assault the victim, after telling his wife he was going out, the evidence indicated.

Pelicot, who was transported from isolation in prison to temporarily provide testimony at the hearing, told the court that Dogan had known his wife had been “drugged” and he communicated to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a key topic for a broader debate on rape culture in society as Dogan continued to claim he was blameless and had not perpetrated assault, stating that because the victim's husband had allowed him into the room, his conduct had been permissible.

The jury in the Nîmes appeals court was displayed video evidence of Gisèle Pelicot’s limp body, sedated and breathing heavily in a comatose state, while a grinning Dogan engaged in violation on several occasions over a period of what police said was 3.5 hours. The judge said she had been at risk of fatal outcome by asphyxiation. The prosecution said there was no doubt that she had been unconscious and had not given permission.

Accused's Testimony

The defendant informed the court the recordings were simply “sexual encounters” and rejected it was violation. He said what he did was “an intimate behavior”, not assault. He declared the court: “I am innocent of assault.” He said the victim's husband had allowed him to the residence, and therefore it was OK. He said he was influenced by the husband. “I tried to halt,” the accused informed the court. “I continued because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to hurt that individual.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon leaving court each day by crowds gathered to stand with her, addressed the defendant in court: “You fail to comprehend. When will you admit you violated me? It is illegal to assault an unconscious woman. When did I ever give you agreement? At no time.”

Gisèle Pelicot, 72, became an global icon after she relinquished her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “Guilt has not shifted. The public is possibly in the midst of that, possibly motivated by the public consciousness spurred by the exposure of your case.”

Sie said Dogan’s claims of blamelessness showed how rape culture was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor addressed Dogan: “For as much as you reject it, it’s not just a person, it’s an entire disturbing societal structure that you are endorsing.”

Biographical Details

The accused was originated from Turkey and at the age of 5 moved to France, where his father worked as a caretaker. The evidence indicated that his parent was aggressive and that the defendant began using drugs aged ten. When Dogan was 17 he was stopped by authorities for drug trafficking and his father evicted him the residence. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a builder but had undergone periods of being unhoused.

He was wed and had a child with a genetic condition, who he was the principal carer for, as his spouse worked in a educational cafeteria. The court heard his wife did not know he had frequent intimate relations beyond their marriage. His defence said this was his method of dealing with his difficult circumstances. The defendant had stated to a evaluator that each year he looked for commercial sex on his special day. His attorneys informed the court he had arthritis caused by the anxiety of the original case.