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A defendant has been found guilty on higher court review of raping Gisele Pelicot following she was sedated by her husband – and received his jail term extended to 10 years.

Appeal Trial

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

A panel of nine jurors, joined by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her home in the south of France in the morning of 29 June 2019.

The evidence showed that the accused, a family man, reached out to Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom called “unbeknownst to her”, where Pelicot was looking for men to come to his home to assault his wife once he had sedated her into a comatose state.

We trust the jury will say loud and clear that in this country, fundamental rights are also women’s rights – that consent is personal, not delegated,” stated Gisèle Pelicot’s lawyer, her legal representative. “Agreement is obtained personally and not via a representative from a husband.”

Background

The ex-husband, one of the worst sex offenders in modern French history, was given a prison term to two decades in prison last year for drugging his wife at the time and inviting multiple perpetrators to sexually assault her in her home in the community of Mazan over a period of many years of their union.

Numerous other individuals were found convicted in a notable trial last year, and the appellant was the sole individual to appeal against his sentence. He was originally given a sentence to 9 years in prison, a punishment enhanced on Thursday to ten years.

The lead state prosecutor, the prosecutor, had argued he should serve 12 years, because he “stubbornly rejects to take any blame”.

Courtroom Details

The defendant had initially sent the husband graphic images and then driven an hour from his village in Provence to assault the victim, after telling his wife he was leaving, the evidence indicated.

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

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

The panel in the Nîmes appeals court was presented with recorded footage of the victim's limp body, comatose and breathing heavily in a deep sleep, while a smiling Dogan engaged in violation multiple times over a period of what police said was several hours. The judge said she had been at danger of fatal outcome by asphyxiation. The prosecution said there was no question that she had been incapacitated and had not given permission.

Accused's Testimony

The defendant stated to the court the recordings were simply “intimate moments” and disputed it was rape. He said what he did was “an intimate behavior”, not assault. He told the court: “I am innocent of assault.” He said the victim's husband had invited him to the home, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan informed the court. “I proceeded because he persuaded me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I had no desire to injure that lady.”

Pelicot's Words

The victim, who was cheered upon exiting the courtroom each day by crowds assembled to support her, addressed the defendant in court: “You fail to comprehend. When will you acknowledge you violated me? It is unlawful to assault an unaware woman. How could I have give you consent? Never.”

Gisèle Pelicot, seventy-two, became an global icon after she relinquished her right to confidentiality in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, turning to Gisèle Pelicot in court, said the defendant's failure to take accountability showed that: “Guilt has not shifted. Society is perhaps in the course of that, perhaps driven by the societal understanding brought by the publication of your ordeal.”

Sie said Dogan’s claims of blamelessness showed how societal tolerance was still prevalent in society as part of “outdated” forms of “male domination”. He said: “Now we must change the culture of violence to a culture of consent.”

Sie addressed Dogan: “For as much as you refuse to admit it, it’s not just a person, it’s an complete disturbing societal structure that you are supporting.”

Defendant's Background

The accused was born in the country of Turkey and at the age of 5 came to the nation of France, where his parent worked as a building manager. The court heard that his father was abusive and that Dogan began using drugs at the age of 10. When he was 17 he was apprehended by authorities for dealing drugs and his parent forced him to leave the family house. He spent time in prison for trafficking in his young adulthood and had worked as a construction worker but had undergone periods of living on the streets.

He was married and had a son with a genetic condition, who he was the principal carer for, as his wife worked in a institution's dining hall. The testimony revealed 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 stressful life. The defendant had told a court psychologist that once a year he engaged in paid sex on his birthday. His lawyers informed the court he had a medical condition caused by the stress of the original case.