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An individual has been found guilty on appeal of raping Gisèle Pelicot following she was sedated by her husband – and has had his prison sentence increased to ten years.

Higher Court Case

Dogan, forty-four, an unemployed builder, who had appealed his first conviction last year, underwent a new trial this week at the higher court in Nîmes.

A panel of nine jurors, sitting with three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in the south of France in the morning of June 29, 2019.

The testimony revealed that the accused, a married father, reached out to Gisèle Pelicot’s husband at the time, the husband, in an online chatroom named “without her consent”, where the husband was recruiting men to enter his residence to rape his wife once he had drugged her into a comatose state.

“We hope the panel will declare that in this nation, fundamental rights are also women’s rights – that consent is personal, not given by another,” said the victim's attorney, Antoine Camus. “Agreement is received directly and not by proxy from a husband.”

Case History

Dominique Pelicot, among the most severe sexual predators in France's contemporary records, was handed a sentence to two decades in prison last year for sedating his wife at the time and inviting numerous individuals to sexually assault her in her home in the community of Mazan over a span of nearly ten years of their union.

Fifty other men were found guilty in a notable 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 sentence enhanced on Thursday to 10 years.

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

Testimony and Proof

The defendant had initially sent the husband graphic images and then driven an hour from his town in the region to rape Gisèle Pelicot, after informing his wife he was leaving, the evidence indicated.

Pelicot, who was transported from solitary confinement in prison to briefly testify at the appeal trial, stated to the court that the accused had known his wife had been “drugged” and he said to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep without her knowledge.”

The courtroom became a key topic for a larger conversation on rape culture in society as Dogan continued to claim he was innocent and had not engaged in violation, contending that because Gisèle Pelicot’s husband had allowed him into the bedroom, his behavior had been permissible.

The jury in the Nîmes appeals court was presented with recorded footage of Gisèle Pelicot’s unconscious figure, comatose and snoring in a deep sleep, while a grinning the perpetrator performed assault repeatedly over a duration of what investigators stated was several hours. The presiding judge said she had been at peril of fatal outcome by suffocation. The prosecution said there was no doubt that she had been incapacitated and had not given permission.

Defendant's Statements

Dogan informed the court the footage were simply “intimate moments” and disputed it was assault. He said what he did was “a sexual act”, not assault. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan stated to the court. “I proceeded because he reassured me.”

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

Survivor's Statement

The survivor, who was cheered upon leaving court each day by onlookers gathered to back her, addressed Dogan in court: “You haven’t understood. When are you going to recognise you raped me? It is unlawful to assault an unaware woman. At what point did I give you agreement? Not once.”

The victim, 72, became an international feminist hero 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 failure to take responsibility showed that: “Shame has not yet changed sides. The public is perhaps in the course of that, maybe driven by the collective awareness spurred by the revelation of your situation.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still widespread in society as part of “outdated” forms of “male domination”. He said: “We need to change rape culture to a culture of consent.”

Sie told the defendant: “As long as you refuse to admit it, it’s not just a person, it’s an whole sordid societal structure that you are supporting.”

Personal History

Dogan was originated from the country of Turkey and at the age of five relocated to France, where his father worked as a concierge. The testimony revealed that his father was violent and that the defendant began smoking cannabis at the age of ten. When he was 17 he was stopped by police for selling narcotics and his parent kicked him out the residence. He served time in prison for trafficking in his twenties and had worked as a laborer but had faced periods of living on the streets.

He was wed and had a child with special needs, who he was the principal carer for, as his wife worked in a school canteen. The court heard his wife did not know he had frequent extramarital activities beyond their marriage. His legal team said this was his strategy for managing with his stressful life. The defendant had informed a mental health expert that each year he looked for transactional encounters on his special day. His legal representatives told the court he had arthritis triggered by the pressure of the first trial.