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A man was declared guilty on higher court review of sexually assaulting Gisele Pelicot after she was sedated by her husband – and was given his jail term raised to ten years.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had appealed his first conviction last year, experienced a retrial this week at the appeals court in Nîmes.

A jury of four women and five men, joined by three judges, found Dogan guilty on Thursday of raping the victim in her residence in Provence in the morning of June 29, 2019.

The testimony revealed that Dogan, a family man, made contact with the victim's then husband, Dominique Pelicot, in an internet forum named “unbeknownst to her”, where the husband was recruiting men to visit his house to rape his wife after he had sedated her into a comatose state.

We expect the jury will say loud and clear that in this society, fundamental rights are also women’s rights – that agreement is individual, not given by another,” said Gisèle Pelicot’s lawyer, her legal representative. “Consent is obtained directly and not via a representative from a husband.”

Case History

The ex-husband, among the most severe sex offenders in modern French history, was given a prison term to 20 years in prison last year for sedating his then wife and inviting dozens of men to rape her in her home in the Provence village of Mazan over a span of almost a decade of their marriage.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and the appellant was the single defendant to challenge his conviction. He was initially given a sentence to 9 years in prison, a penalty enhanced on Thursday to 10 years.

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

Courtroom Details

The defendant had first sent Dominique Pelicot graphic images and then traveled an hour from his village in Provence to rape Gisèle Pelicot, after notifying his wife he was going out, the evidence indicated.

Pelicot, who was brought from segregation in prison to briefly give evidence at the retrial, informed the court that the accused had been aware his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a key topic for a wider discussion on sexual violence norms in society as Dogan continued to claim he was blameless and had not engaged in violation, stating that because Gisèle Pelicot’s husband had allowed him into the residence, his conduct had been justifiable.

The panel in the higher court was presented with recorded footage of Gisèle Pelicot’s unconscious figure, sedated and snoring in a comatose state, while a grinning the perpetrator engaged in violation on several occasions over a duration of what authorities reported was several hours. The court official said she had been at risk of fatal outcome by choking. The state's case said there was no doubt that she had been unconscious and had not given permission.

Defendant's Statements

Dogan stated to the court the footage 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 acceptable. He said he was deceived by the husband. “I attempted to cease,” the accused stated to the court. “I carried on because he reassured me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to harm that woman.”

Survivor's Statement

The victim, who was cheered upon leaving court each day by onlookers present to support her, told the defendant in court: “You do not grasp. When will you admit you violated me? It is illegal to assault an unaware woman. When did I ever give you consent? Never.”

The victim, 72, became an global icon after she gave up her right to anonymity in the trial last year when she said: “The shame should shift.”

Legal Commentary

The prosecutor, speaking to the victim in court, said the defendant's unwillingness to take responsibility showed that: “Shame has not yet changed sides. Society is perhaps in the course of that, possibly propelled by the public consciousness resulting from the exposure of your situation.”

The prosecutor said Dogan’s claims of blamelessness showed how normalized violence was still common in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change rape culture to a culture of consent.”

The prosecutor told Dogan: “For as much as you deny it, it’s not just a woman, it’s an complete unpleasant societal structure that you are endorsing.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of five came to France, where his parent worked as a building manager. The evidence indicated that his parent was aggressive and that Dogan began smoking cannabis aged 10. When he was seventeen he was apprehended by authorities for drug trafficking and his parent evicted him the family house. He was incarcerated in prison for drug dealing in his early 20s and had worked as a construction worker but had undergone periods of homelessness.

He was wed and had a son with special needs, who he was the primary guardian for, as his spouse worked in a school canteen. The court heard his wife did not know he had regular intimate relations outside their marriage. His legal team said this was his method of dealing with his challenging existence. Dogan had stated to a evaluator that annually he engaged in commercial sex on his special day. His attorneys told the court he had arthritis resulting from the pressure of the first trial.