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An individual has been found guilty on higher court review of raping Gisèle Pelicot following she was sedated by her spouse – and has had his incarceration period extended to ten years.

Retrial Proceedings

The defendant, forty-four, an out-of-work construction worker, who had appealed his initial guilty verdict last year, faced a new trial this week at the appeals court in Nîmes.

A panel of four women and five men, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her home in Provence in the morning of 29 June 2019.

The testimony revealed that Dogan, a married father, connected with Gisèle Pelicot’s spouse, the husband, in an digital platform titled “without her consent”, where Pelicot was seeking men to come to his home to rape his wife once he had sedated her into a unconscious state.

“We hope the panel will affirm that in this society, fundamental rights are also women’s rights – that consent is individual, not delegated,” stated the victim's lawyer, Antoine Camus. “Agreement is obtained directly and not via a representative from a husband.”

Case History

The ex-husband, one of the worst sexual predators in France's contemporary records, was given a prison term to 20 years in prison last year for incapacitating his spouse and inviting dozens of men to sexually assault her in her home in the community of the village of Mazan over a period of nearly ten years of their marriage.

Numerous other individuals were found guilty in a notable trial last year, and the appellant was the only man to challenge his verdict. He was originally sentenced to 9 years in prison, a penalty increased on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had stated he should serve twelve years, because he “completely denies to take any accountability”.

Testimony and Proof

The defendant had first sent the husband inappropriate pictures and then traveled an hour from his village in the region to rape Gisèle Pelicot, after telling his wife he was going out, the testimony revealed.

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

The courtroom became a focus point for a larger conversation on societal attitudes in society as the defendant continued to say he was not guilty and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had allowed him into the residence, his actions had been permissible.

The panel in the Nîmes appeals court was displayed recorded footage of the victim's limp body, unconscious and snoring in a deep sleep, while a grinning Dogan performed assault on several occasions over a period of what authorities reported was several hours. The presiding judge said she had been at peril of fatal outcome by suffocation. The prosecution said there was absolute certainty that she had been unaware and had not consented.

Defendant's Statements

The defendant told the court the footage were simply “sex scenes” and denied it was violation. He said what he did was “a sexual act”, not rape. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was OK. He said he was influenced by the husband. “I wanted to stop,” Dogan informed the court. “I carried on because he persuaded me.”

Asked if he wanted to make a last words to the court, the defendant said: “I had no desire to harm that individual.”

Victim's Response

The survivor, who was cheered upon leaving court each day by crowds assembled to support her, said to the defendant in court: “You fail to comprehend. When are you going to recognise you raped me? It is unlawful to assault an unconscious woman. How could I have give you permission? At no time.”

The victim, 72, became an international feminist hero after she gave up her right to privacy in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take blame showed that: “Guilt has not shifted. The community is perhaps in the midst of that, maybe driven by the societal understanding resulting from the exposure of your situation.”

The prosecutor said the defendant's claims of blamelessness showed how societal tolerance was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change the culture of violence to a ethos of permission.”

Sie said to the defendant: “While you reject it, it’s not just a woman, it’s an entire sordid social system that you are endorsing.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of five relocated to France, where his father worked as a building manager. The testimony revealed that his parent was abusive and that Dogan began using drugs aged ten. When he was seventeen he was caught by police for selling narcotics and his father evicted him the residence. He was incarcerated in prison for trafficking in his young adulthood and had worked as a builder but had experienced periods of being unhoused.

He was married and had a child with special needs, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The court heard his spouse did not know he had regular extramarital activities beyond their marriage. His legal team said this was his method of dealing with his challenging existence. The defendant had informed a evaluator that each year he sought paid sex on his special day. His lawyers stated to the court he had a medical condition triggered by the pressure of the original case.