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A defendant has been found guilty on appeal of raping Gisèle Pelicot after she was sedated by her spouse – and received his incarceration period raised to 10 years.

Higher Court Case

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

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

The court heard that Dogan, a married father, made contact with Gisèle Pelicot’s spouse, the husband, in an internet forum called “unbeknownst to her”, where the husband was looking for men to come to his home to assault his wife once he had sedated her into a unconscious state.

We trust the panel will declare that in this society, human rights are also women’s rights – that permission is personal, not transferred,” declared Gisèle Pelicot’s lawyer, her legal representative. “Agreement is secured directly and not via a representative from a husband.”

Case History

The husband, a notorious sexual predators in France's contemporary records, was given a prison term to 20 years in prison last year for incapacitating his spouse and inviting dozens of men to sexually assault her in her home in the Provence village of Mazan over a span of nearly ten years of their marriage.

Numerous other individuals were found culpable in a notable trial last year, and the appellant was the sole individual to challenge his verdict. He was first given a sentence to nine years in prison, a sentence increased on Thursday to ten years.

The chief prosecutor, Dominique Sie, had contended he should serve twelve years, because he “completely denies to take any blame”.

Testimony and Proof

The defendant had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his town in the region to assault Gisèle Pelicot, after telling his wife he was stepping out, the court heard.

The ex-husband, who was brought from segregation in prison to briefly give evidence at the retrial, told the court that the accused had known 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 proceedings became a focus point for a wider discussion on societal attitudes in society as Dogan continued to say he was innocent and had not engaged in violation, stating that because Gisèle Pelicot’s husband had invited him into the bedroom, his actions had been permissible.

The panel in the Nîmes appeals court was presented with visual proof of Gisèle Pelicot’s unresponsive form, comatose and breathing heavily in a deep sleep, while a grinning the perpetrator performed assault multiple times over a period of what authorities reported was three and a half hours. The presiding judge said she had been at peril of death by asphyxiation. The state's case said there was no doubt that she had been unconscious and had not consented.

Accused's Testimony

The defendant stated to the court the footage were simply “sex scenes” and denied it was assault. He said what he did was “a sexual act”, not assault. He declared the court: “I am innocent of assault.” He said the victim's husband had allowed him to the house, and therefore it was permissible. He said he was deceived by the husband. “I attempted to cease,” Dogan told the court. “I carried on because he convinced me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to hurt that lady.”

Victim's Response

Gisèle Pelicot, who was supported upon departing the trial each day by supporters assembled to back her, said to Dogan in court: “You fail to comprehend. When will you admit you violated me? It’s a crime to assault an incapacitated woman. How could I have give you permission? At no time.”

Gisèle Pelicot, 72, became an international feminist hero after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, speaking to the victim in court, said Dogan’s refusal to take responsibility showed that: “Guilt has not shifted. Society is possibly in the course of that, maybe propelled by the collective awareness spurred by the publication of your situation.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still common in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

The prosecutor told the defendant: “As long as you refuse to admit it, it’s not just a woman, it’s an entire disturbing social system that you are endorsing.”

Personal History

Dogan was born in the country of Turkey and at the age of 5 relocated to France, where his father worked as a building manager. The testimony revealed that his father was violent and that the defendant began using drugs aged 10. When he was seventeen he was stopped by authorities for selling narcotics and his father forced him to leave the residence. He spent time in prison for trafficking in his early 20s and had worked as a construction worker but had faced periods of living on the streets.

He was wed and had a son with a genetic condition, 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 frequent extramarital activities outside their marriage. His defence said this was his method of dealing with his challenging existence. The defendant had told a court psychologist that once a year he sought commercial sex on his special day. His attorneys informed the court he had joint inflammation resulting from the pressure of the original case.