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A man was convicted on higher court review of sexually assaulting Gisele Pelicot following she was sedated by her husband – and was given his prison sentence increased to ten years.

Retrial Proceedings

The defendant, forty-four, an unemployed builder, who had contested his initial guilty verdict last year, faced a appeal hearing this week at the Nîmes court of appeal.

A jury of nine jurors, accompanied by three judges, convicted Dogan on Thursday of raping Pelicot in her home in the south of France in the morning of 29 June 2019.

The evidence showed that Dogan, a married father, connected with Gisèle Pelicot’s then husband, the husband, in an digital platform called “without her knowledge”, where Pelicot was looking for men to visit his house to rape his wife after he had sedated her into a comatose state.

We trust the jury will declare that in this country, human rights are also women’s rights – that permission is personal, not given by another,” said Gisèle Pelicot’s attorney, her legal representative. “Consent is received personally and not by proxy from a husband.”

Context

Dominique Pelicot, one of the worst sexual predators in recent French history, was given a prison term to twenty years in prison last year for incapacitating his wife at the time and bringing in dozens of men to rape her in her home in the town of Mazan over a span of many years of their union.

Dozens of additional defendants were found guilty in a high-profile trial last year, and the appellant was the sole individual to appeal against his verdict. He was first handed a term to 9 years in prison, a punishment increased on Thursday to a decade.

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

Courtroom Details

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

Pelicot, who was transported from segregation in prison to briefly give evidence at the appeal trial, stated to the court that Dogan had known his wife had been “sedated” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The proceedings became a central issue for a broader debate on rape culture in society as the defendant continued to assert he was not guilty and had not perpetrated assault, arguing that because the victim's husband had allowed him into the bedroom, his behavior had been justifiable.

The panel in the higher court was displayed video evidence of the victim's limp body, unconscious and snoring in a comatose state, while a smiling Dogan engaged in violation multiple times over a period of what police said was 3.5 hours. The court official said she had been at danger of death by suffocation. The prosecution said there was no question that she had been incapacitated and had not given permission.

Dogan's Claims

The defendant told the court the videos were simply “sex scenes” and disputed it was rape. He said what he did was “an intimate behavior”, not assault. He declared the court: “I never raped.” He said the victim's husband had brought him to the residence, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan told the court. “I carried on because he reassured me.”

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

Survivor's Statement

Gisèle Pelicot, who was applauded upon leaving court each day by crowds present to support her, told the defendant in court: “You fail to comprehend. When will you acknowledge you violated me? It is illegal to assault an unconscious woman. At what point did I give you agreement? Never.”

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

Prosecutor's Remarks

Sie, speaking to Gisèle Pelicot in court, said the defendant's refusal to take responsibility showed that: “Shame has not yet changed sides. The public is possibly in the course of that, perhaps motivated by the public consciousness resulting from the publication of your situation.”

Sie said Dogan’s claims of non-guilt showed how normalized violence was still widespread in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change rape culture to a ethos of permission.”

Sie addressed Dogan: “As long as you refuse to admit it, it’s not just a person, it’s an whole disturbing cultural framework that you are supporting.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of 5 moved to the nation of France, where his father worked as a caretaker. The court heard that his father was aggressive and that the defendant began using drugs aged 10. When Dogan was seventeen he was stopped by police for dealing drugs and his parent evicted him the family house. He spent time in prison for drug dealing in his early 20s and had worked as a construction worker but had undergone periods of being unhoused.

He was married and had a son with special needs, who he was the principal carer for, as his spouse worked in a school canteen. The testimony revealed his spouse did not know he had repeated intimate relations outside their marriage. His legal team said this was his strategy for managing with his stressful life. Dogan had informed a mental health expert that once a year he sought paid sex on his birthday. His attorneys told the court he had joint inflammation resulting from the stress of the initial proceedings.