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A man has been found guilty on appeal of raping Gisele Pelicot after she was sedated by her spouse – and received his incarceration period raised to a decade.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had appealed his first conviction last year, underwent a appeal hearing this week at the Nîmes court of appeal.

A panel of four women and five men, joined by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her bedroom in Provence in the morning of June 29, 2019.

The testimony revealed that the accused, a family man, connected with the victim's husband at the time, Dominique Pelicot, in an online chatroom called “without her knowledge”, where Pelicot was recruiting men to come to his home to assault his wife once he had rendered her unconscious into a deep sleep.

“We hope the panel will say loud and clear that in this country, fundamental rights are also rights of women – that consent is individual, not delegated,” stated the victim's lawyer, her legal representative. “Permission is received directly and not by proxy from a husband.”

Case History

Dominique Pelicot, among the most severe sex offenders in modern French history, was sentenced to 20 years in prison last year for drugging his spouse and bringing in dozens of men to sexually assault her in her home in the Provence village of the village of Mazan over a period of many years of their marriage.

Fifty other men were found convicted in a high-profile trial last year, and the appellant was the only man to appeal against his sentence. He was initially handed a term to 9 years in prison, a penalty enhanced on Thursday to ten years.

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

Courtroom Details

Dogan had first sent the husband graphic images and then traveled an hour from his village in Provence to assault the victim, after notifying his wife he was stepping out, the evidence indicated.

The ex-husband, who was transported from segregation in prison to temporarily give evidence at the appeal trial, informed the court that the accused had been aware his wife had been “sedated” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep without her consent.”

The trial became a central issue for a larger conversation on societal attitudes in society as Dogan continued to claim he was blameless and had not perpetrated assault, arguing that because the victim's husband had allowed him into the residence, his behavior had been acceptable.

The jury in the higher court was shown recorded footage of Gisèle Pelicot’s limp body, sedated and breathing heavily in a unconscious condition, while a smiling the perpetrator engaged in violation on several occasions over a period of what investigators stated was 3.5 hours. The judge said she had been at risk of death by asphyxiation. The state prosecution said there was absolute certainty that she had been unconscious and had not given permission.

Dogan's Claims

Dogan told the court the recordings were simply “sexual encounters” and disputed it was rape. He said what he did was “a sexual act”, not assault. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was acceptable. He said he was influenced by the husband. “I attempted to cease,” the accused informed the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I never wanted to hurt that individual.”

Survivor's Statement

Gisèle Pelicot, who was applauded upon departing the trial each day by supporters gathered to stand with her, told the defendant in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is illegal to rape an unconscious woman. At what point did I give you agreement? Not once.”

The victim, seventy-two, became an international feminist hero after she relinquished her right to confidentiality in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, addressing the victim in court, said the defendant's refusal to take responsibility showed that: “The shame remains. The public is maybe in the process of that, maybe motivated by the public consciousness brought by the revelation of your ordeal.”

Sie said the defendant's claims of blamelessness showed how normalized violence was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a culture of consent.”

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

Biographical Details

The accused was originated from Turkey and at the age of 5 relocated to France, where his parent worked as a concierge. The testimony revealed that his father was aggressive and that Dogan began consuming marijuana at the age of ten. When Dogan was 17 he was stopped by police for drug trafficking and his father forced him to leave of home. He spent time in prison for trafficking in his twenties and had worked as a builder but had faced periods of being unhoused.

He was wed and had a child with Down’s syndrome, who he was the principal carer for, as his wife worked in a educational cafeteria. The testimony revealed 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 challenging existence. Dogan had told a court psychologist that once a year he engaged in commercial sex on his special day. His legal representatives told the court he had arthritis resulting from the anxiety of the original case.