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An individual was declared guilty on higher court review of raping Gisele Pelicot following she was drugged unconscious by her spouse – and has had his jail term extended to ten years.

Appeal Trial

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

A jury of nine jurors, joined by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her bedroom in southern France in the early hours of 29 June 2019.

The evidence showed that Dogan, a family man, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom named “without her consent”, where the husband was recruiting men to visit his house to assault his wife once he had rendered her unconscious into a comatose state.

“We hope the court will declare that in this society, fundamental rights are also women’s rights – that consent is personal, not transferred,” stated the victim's lawyer, Antoine Camus. “Permission is secured directly and not through someone else from a husband.”

Case History

The husband, a notorious sexual predators in recent French history, was given a prison term to twenty years in prison last year for sedating his then wife and soliciting numerous individuals to rape her in her home in the town of Mazan over a span of many years of their union.

Numerous other individuals were found culpable in a high-profile trial last year, and the appellant was the single defendant to appeal against his verdict. He was originally handed a term to nine years in prison, a sentence increased on Thursday to 10 years.

The state's attorney, Dominique Sie, had contended he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Courtroom Details

The defendant had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in Provence to rape the victim, after notifying his wife he was going out, the court heard.

Pelicot, who was transported from solitary confinement in prison to temporarily testify at the appeal trial, stated to the court that Dogan had known his wife had been “incapacitated” and he said to men by phone: “I want someone to assault my wife after I’ve put her to sleep without her consent.”

The courtroom became a key topic for a larger conversation on rape culture in society as Dogan continued to assert he was blameless and had not committed rape, contending that because Gisèle Pelicot’s husband had welcomed him into the room, his behavior had been justifiable.

The panel in the higher court was presented with recorded footage of Gisèle Pelicot’s limp body, comatose and snoring in a deep sleep, while a grinning Dogan committed rape on several occasions over a period of what investigators stated was three and a half hours. The judge said she had been at risk of death by suffocation. The state prosecution said there was absolute certainty that she had been unaware and had not consented.

Accused's Testimony

Dogan told the court the videos were simply “sex scenes” and disputed it was violation. He said what he did was “an intimate behavior”, 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 OK. He said he was deceived by the husband. “I tried to halt,” Dogan stated to the court. “I carried on because he convinced me.”

Asked if he wanted to make a last words to the court, the defendant said: “I never wanted to hurt that woman.”

Survivor's Statement

The survivor, who was supported upon leaving court each day by supporters assembled to stand with her, said to the defendant in court: “You do not grasp. When are you going to recognise you assaulted me? It’s a crime to rape an unconscious woman. At what point did I give you consent? Never.”

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

Legal Commentary

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s refusal to take blame showed that: “Guilt has not shifted. Society is perhaps in the process of that, maybe driven by the collective awareness spurred by the publication of your ordeal.”

Sie said Dogan’s claims of innocence showed how societal tolerance was still common in society as part of “outdated” forms of “gender-based power”. He said: “We need to change the culture of violence to a culture of consent.”

Sie addressed Dogan: “For as much as you deny it, it’s not just a person, it’s an whole unpleasant societal structure that you are supporting.”

Personal History

Dogan was originated from the country of Turkey and at the age of five relocated to France, where his parent worked as a building manager. The evidence indicated that his parent was abusive and that Dogan began consuming marijuana at the age of 10. When he was 17 he was apprehended by authorities for dealing drugs and his parent kicked him out the family house. He was incarcerated in prison for drug dealing in his early 20s and had worked as a laborer but had experienced periods of living on the streets.

He was married and had a child with Down’s syndrome, who he was the principal carer for, as his wife worked in a school canteen. The court heard his spouse did not know he had frequent extramarital activities beyond their union. His legal team said this was his way of coping with his challenging existence. Dogan had stated to a mental health expert that annually he engaged in paid sex on his special day. His attorneys told the court he had a medical condition caused by the stress of the original case.