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An individual has been found guilty on higher court review of sexually assaulting Gisele Pelicot following she was sedated by her husband – and was given his jail term extended to ten years.

Appeal Trial

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

A jury of nine jurors, joined by three judges, ruled against Dogan on Thursday of raping Pelicot in her home in southern France in the early hours of 29 June 2019.

The court heard that Dogan, a married father, connected with the victim's then husband, Dominique Pelicot, in an digital platform called “unbeknownst to her”, where Pelicot was looking for men to visit his house to rape his wife after he had sedated her into a comatose state.

“We hope the panel will say loud and clear that in this nation, human rights are also rights of women – that permission is personal, not given by another,” stated the victim's lawyer, Antoine Camus. “Permission is obtained directly and not via a representative from a spouse.”

Case History

The ex-husband, among the most severe sex offenders in recent French history, was given a prison term to 20 years in prison last year for incapacitating his spouse and soliciting numerous individuals to sexually assault her in her home in the Provence village of the village of Mazan over a period of nearly ten years of their union.

Fifty other men were found culpable in a widely publicized trial last year, and Dogan was the sole individual to contest his sentence. He was first given a sentence to 9 years in prison, a punishment increased on Thursday to ten years.

The state's attorney, the prosecutor, had stated he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Courtroom Details

The defendant had initially sent the husband inappropriate pictures and then driven an hour from his town in Provence to assault Gisèle Pelicot, after telling his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from solitary confinement in prison to briefly provide testimony at the hearing, informed the court that Dogan had understood his wife had been “incapacitated” and he communicated to men by phone: “I want someone to assault my wife after I’ve sedated her unbeknownst to her.”

The trial became a focus point for a broader debate on rape culture in society as the defendant continued to claim he was not guilty and had not perpetrated assault, contending that because the victim's husband had invited him into the room, his conduct had been acceptable.

The jury in the Nîmes appeals court was displayed video evidence of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a comatose state, while a grinning Dogan performed assault multiple times over a timeframe of what police said was 3.5 hours. The judge said she had been at danger of fatal outcome by choking. The state prosecution said there was absolute certainty that she had been unaware and had not given permission.

Dogan's Claims

Dogan told the court the recordings were simply “intimate moments” and rejected it was violation. He said what he did was “a sexual act”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was OK. He said he was deceived by the husband. “I attempted to cease,” the accused told the court. “I continued because he persuaded me.”

Asked if he wanted to make a last words to the court, the defendant said: “I never wanted to harm that lady.”

Survivor's Statement

The survivor, who was cheered upon leaving court each day by supporters assembled to back her, said to Dogan in court: “You fail to comprehend. When will you acknowledge you raped me? It is unlawful to assault an unconscious woman. How could I have give you permission? Never.”

The victim, 72, became an international feminist hero after she waived her right to privacy in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, addressing the victim in court, said the defendant's refusal to take responsibility showed that: “Guilt has not shifted. Society is perhaps in the process of that, maybe driven by the societal understanding spurred by the revelation of your case.”

Sie said the defendant's claims of non-guilt showed how normalized violence was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “Now we must change rape culture to a culture of consent.”

Sie told Dogan: “As long as you refuse to admit it, it’s not just a person, it’s an entire disturbing societal structure that you are upholding.”

Biographical Details

The accused was originated from Turkey and at the age of 5 relocated to France, where his father worked as a concierge. The testimony revealed that his parent was aggressive and that the defendant began smoking cannabis at the age of ten. When he was seventeen he was stopped by authorities for drug trafficking and his father forced him to leave the residence. He served time in prison for drug dealing in his young adulthood and had worked as a construction worker but had experienced periods of being unhoused.

He was married and had a child with Down’s syndrome, who he was the principal carer for, as his wife worked in a institution's dining hall. The court heard his spouse did not know he had regular intimate relations outside their marriage. His defence said this was his way of coping with his difficult circumstances. The defendant had informed a evaluator that once a year he looked for transactional encounters on his birthday. His lawyers stated to the court he had a medical condition resulting from the stress of the original case.