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A man has been found guilty on higher court review of raping Gisèle Pelicot after she was drugged unconscious by her spouse – and received his jail term raised to a decade.

Appeal Trial

The defendant, 44, an unemployed builder, who had appealed his initial guilty verdict last year, underwent a retrial this week at the higher court in Nîmes.

A panel of four women and five men, joined by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her bedroom in the south of France in the morning of 29 June 2019.

The evidence showed that Dogan, a family man, made contact with the victim's husband at the time, Dominique Pelicot, in an online chatroom titled “without her consent”, where the husband was seeking men to come to his home to rape his wife after he had sedated her into a deep sleep.

“We hope the panel will affirm that in this country, fundamental rights are also women’s rights – that permission is personal, not given by another,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is received directly and not via a representative from a spouse.”

Case History

The ex-husband, among the most severe sex offenders in recent French history, was sentenced to twenty years in prison last year for sedating his then wife and bringing in numerous individuals to sexually assault her in her home in the Provence village of Mazan over a duration of many years of their union.

Fifty other men were found guilty in a widely publicized trial last year, and Dogan was the sole individual to appeal against his sentence. He was first handed a term to 9 years in prison, a penalty raised on Thursday to a decade.

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

Testimony and Proof

Dogan had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his town in the region to assault the victim, after informing his wife he was stepping out, the court heard.

The ex-husband, who was transported from segregation in prison to temporarily give evidence at the hearing, stated to the court that the accused had been aware his wife had been “drugged” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The proceedings became a central issue for a broader debate on rape culture in society as Dogan continued to claim he was blameless and had not engaged in violation, stating that because Gisèle Pelicot’s husband had welcomed him into the room, his behavior had been acceptable.

The panel in the Nîmes appeals court was displayed visual proof of the victim's unresponsive form, sedated and snoring in a deep sleep, while a smiling the perpetrator performed assault on several occasions over a period of what police said was three and a half hours. The presiding judge said she had been at peril of death by choking. The state prosecution said there was no question that she had been incapacitated and had not consented.

Dogan's Claims

The defendant stated to the court the recordings were simply “intimate moments” and denied it was violation. He said what he did was “an intimate behavior”, not assault. He declared the court: “I never raped.” He said the victim's husband had invited him to the home, and therefore it was OK. He said he was manipulated by the husband. “I attempted to cease,” Dogan stated to the court. “I continued because he persuaded me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I did not intend to injure that woman.”

Victim's Response

Gisèle Pelicot, who was applauded upon leaving court each day by onlookers assembled to back her, told the defendant in court: “You do not grasp. When will you acknowledge you assaulted me? It is unlawful to rape an unconscious woman. When did I ever give you consent? Never.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take responsibility showed that: “The shame remains. Society is maybe in the midst of that, perhaps propelled by the collective awareness brought by the publication of your ordeal.”

Sie said Dogan’s claims of innocence showed how rape culture was still common in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change the culture of violence to a society based on agreement.”

The prosecutor said to the defendant: “For as much as you reject it, it’s not just a woman, it’s an complete disturbing societal structure that you are endorsing.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five came to France, where his father worked as a concierge. The evidence indicated that his parent was abusive and that Dogan began consuming marijuana at the age of ten. When Dogan was 17 he was apprehended by authorities for drug trafficking and his father evicted him the residence. He spent time in prison for narcotics offenses in his twenties and had worked as a builder but had undergone periods of homelessness.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his wife worked in a school canteen. The court heard his spouse did not know he had regular sexual encounters beyond their union. His defence said this was his strategy for managing with his difficult circumstances. Dogan had informed a court psychologist that each year he sought transactional encounters on his special day. His lawyers stated to the court he had arthritis caused by the anxiety of the first trial.