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A man was convicted on appeal of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her spouse – and received his incarceration period increased to 10 years.

Appeal Trial

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

A panel of four women and five men, joined by three judges, ruled against Dogan on Thursday of raping the victim in her bedroom in southern France in the early hours of 29 June 2019.

The testimony revealed that Dogan, a married father, connected with the victim's spouse, Dominique Pelicot, in an digital platform titled “without her consent”, where the husband was looking for men to visit his house to rape his wife once he had sedated her into a comatose state.

We expect the jury will say loud and clear that in this nation, fundamental rights are also women’s rights – that consent is personal, not transferred,” stated the victim's lawyer, Antoine Camus. “Consent is obtained directly and not through someone else from a spouse.”

Case History

The husband, a notorious sexual predators in France's contemporary records, was handed a sentence to twenty years in prison last year for incapacitating his wife at the time and inviting dozens of men to rape her in her home in the town of the village of Mazan over a duration of almost a decade of their union.

Numerous other individuals were found guilty in a notable trial last year, and the appellant was the sole individual to challenge his verdict. He was originally handed a term to nine years in prison, a punishment raised on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had argued he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot graphic images and then traveled an hour from his town in the region to rape the victim, after informing his wife he was stepping out, the court heard.

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

The trial became a focus point for a wider discussion on sexual violence norms in society as Dogan continued to claim he was blameless and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had allowed him into the bedroom, his actions had been justifiable.

The jury in the higher court was shown visual proof of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a deep sleep, while a smiling the perpetrator committed rape multiple times over a duration of what authorities reported was 3.5 hours. The court official said she had been at risk of fatal outcome by choking. The state prosecution said there was no question that she had been incapacitated and had not given permission.

Accused's Testimony

Dogan informed the court the recordings were simply “intimate moments” and rejected it was rape. He said what he did was “a consensual activity”, not assault. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was acceptable. He said he was deceived by the husband. “I wanted to stop,” Dogan stated to the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to injure that individual.”

Pelicot's Words

The survivor, who was cheered upon exiting the courtroom each day by onlookers gathered to stand with her, told the defendant in court: “You fail to comprehend. When will you admit you raped me? It’s a crime to assault an unaware woman. How could I have give you consent? Not once.”

The victim, 72, became an global icon after she relinquished her right to confidentiality in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's refusal to take responsibility showed that: “The shame remains. Society is maybe in the course of that, possibly propelled by the collective awareness spurred by the publication of your case.”

The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a culture of consent.”

The prosecutor addressed Dogan: “As long as you reject it, it’s not just a person, it’s an whole unpleasant cultural framework that you are endorsing.”

Defendant's Background

Dogan was originated from Turkey and at the age of five moved to France, where his father worked as a concierge. The evidence indicated that his parent was aggressive and that Dogan began smoking cannabis aged 10. When he was seventeen he was caught by police for drug trafficking and his parent forced him to leave the family house. He spent time in prison for narcotics offenses in his twenties and had worked as a builder but had faced periods of living on the streets.

He was married and had a child with special needs, who he was the principal carer for, as his wife worked in a educational cafeteria. The evidence showed his spouse did not know he had repeated sexual encounters beyond their marriage. His legal team said this was his strategy for managing with his stressful life. Dogan had stated to a court psychologist that once a year he sought paid sex on his birthday. His lawyers stated to the court he had joint inflammation triggered by the anxiety of the first trial.