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

Higher Court Case

Dogan, 44, an unemployed builder, who had appealed his first conviction last year, experienced a retrial this week at the appeals court in Nîmes.

A jury of five men and four women, joined by three judges, found Dogan guilty on Thursday of raping Pelicot in her home in Provence in the early hours of June 29, 2019.

The court heard that the accused, a family man, made contact with Gisèle Pelicot’s then husband, the husband, in an digital platform called “without her consent”, where Pelicot was recruiting men to visit his house to rape his wife once he had drugged her into a comatose state.

“We hope the jury will say loud and clear that in this country, fundamental rights are also rights of women – that permission is individual, not given by another,” stated Gisèle Pelicot’s lawyer, her legal representative. “Consent is received personally and not through someone else from a spouse.”

Case History

Dominique Pelicot, a notorious sexual predators in France's contemporary records, was handed a sentence to 20 years in prison last year for incapacitating his wife at the time and inviting multiple perpetrators to rape her in her home in the town of Mazan over a duration of almost a decade of their union.

Fifty other men were found guilty in a high-profile trial last year, and the appellant was the sole individual to appeal against his sentence. He was initially handed a term to nine years in prison, a punishment enhanced on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had stated he should serve 12 years, because he “completely denies to take any responsibility”.

Courtroom Details

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

The ex-husband, who was transported from solitary confinement in prison to briefly provide testimony at the appeal trial, informed the court that Dogan had understood his wife had been “drugged” and he said to men by phone: “I want someone to abuse my wife after I’ve put her to sleep without her knowledge.”

The courtroom became a key topic for a wider discussion on sexual violence norms in society as the defendant continued to assert he was blameless and had not engaged in violation, contending that because Gisèle Pelicot’s husband had allowed him into the bedroom, his conduct had been permissible.

The jury in the higher court was shown recorded footage of Gisèle Pelicot’s unresponsive form, comatose and breathing heavily in a unconscious condition, while a grinning the perpetrator engaged in violation on several occasions over a timeframe of what investigators stated was three and a half hours. The judge said she had been at peril of fatal outcome by choking. The state prosecution said there was absolute certainty that she had been unconscious and had not given permission.

Defendant's Statements

Dogan stated to the court the recordings were simply “sexual encounters” and disputed it was assault. He said what he did was “a consensual activity”, not rape. He declared the court: “I am innocent of assault.” He said the victim's husband had brought him to the home, and therefore it was acceptable. He said he was deceived by the husband. “I attempted to cease,” the accused stated to the court. “I proceeded because he persuaded me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to injure that lady.”

Victim's Response

The victim, who was supported upon exiting the courtroom each day by crowds present to back her, said to the defendant in court: “You do not grasp. When will you acknowledge you assaulted me? It is illegal to assault an unaware woman. At what point did I give you permission? At no time.”

Gisèle Pelicot, 72, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, addressing Gisèle Pelicot in court, said Dogan’s failure to take accountability showed that: “Shame has not yet changed sides. The public is maybe in the course of that, maybe driven by the public consciousness resulting from the revelation of your ordeal.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still common in society as part of “archaic” forms of “male domination”. He said: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor said to Dogan: “While you reject it, it’s not just a woman, it’s an whole disturbing societal structure that you are upholding.”

Defendant's Background

Dogan was originated from Turkey and at the age of 5 relocated to France, where his father worked as a building manager. The court heard that his parent was aggressive and that Dogan began consuming marijuana at the age of ten. When he was seventeen he was stopped by police for dealing drugs and his parent kicked him out the family house. He served time in prison for trafficking in his early 20s and had worked as a laborer but had experienced periods of homelessness.

He was married and had a son with a genetic condition, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The court heard his spouse did not know he had repeated extramarital activities beyond their union. His legal team said this was his way of coping with his stressful life. Dogan had informed a mental health expert that each year he looked for transactional encounters on his birthday. His legal representatives told the court he had a medical condition caused by the anxiety of the original case.