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An individual has been found guilty on higher court review of raping Gisèle Pelicot following she was sedated by her then-husband – and was given his incarceration period increased to ten years.

Appeal Trial

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

A jury of four women and five men, accompanied by three judges, found Dogan guilty on Thursday of raping Pelicot in her residence in southern France in the morning of June 29, 2019.

The testimony revealed that the accused, a family man, reached out to the victim's then husband, Dominique Pelicot, in an online chatroom named “without her consent”, where the husband was seeking men to enter his residence to assault his wife once he had sedated her into a unconscious state.

“We hope the jury will say loud and clear that in this society, human rights are also rights of women – that agreement is personal, not transferred,” said the victim's lawyer, her legal representative. “Agreement is received personally and not through someone else from a husband.”

Case History

The ex-husband, one of the worst sex offenders in recent French history, was sentenced to twenty years in prison last year for drugging his then wife and soliciting dozens of men to rape her in her home in the town of Mazan over a period of almost a decade of their union.

Numerous other individuals were found culpable in a notable trial last year, and the appellant was the single defendant to appeal against his sentence. He was originally handed a term to 9 years in prison, a penalty increased on Thursday to 10 years.

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

Testimony and Proof

Dogan had initially sent Dominique Pelicot graphic images and then traveled an hour from his town in Provence to rape the victim, after informing his wife he was stepping out, the evidence indicated.

The ex-husband, who was brought from isolation in prison to briefly testify at the hearing, informed the court that Dogan had understood his wife had been “sedated” and he told to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a focus point for a broader debate on sexual violence norms in society as the defendant continued to say he was not guilty and had not committed rape, contending that because Gisèle Pelicot’s husband had welcomed him into the room, his conduct had been justifiable.

The jury in the higher court was displayed recorded footage of Gisèle Pelicot’s unresponsive form, sedated and snoring in a deep sleep, while a grinning Dogan committed rape repeatedly over a duration of what authorities reported was three and a half hours. The judge said she had been at danger of death by suffocation. The state's case said there was no question that she had been unconscious and had not given permission.

Accused's Testimony

Dogan informed the court the recordings were simply “sexual encounters” and denied it was rape. 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 house, and therefore it was permissible. He said he was influenced by the husband. “I wanted to stop,” Dogan informed the court. “I continued because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to injure that individual.”

Survivor's Statement

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by crowds assembled to stand with her, addressed the defendant in court: “You haven’t understood. When will you admit you raped me? It is illegal to assault an incapacitated woman. When did I ever give you permission? At no time.”

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

State's Argument

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's failure to take accountability showed that: “The shame remains. Society is perhaps in the course of that, possibly driven by the collective awareness spurred by the exposure of your situation.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

The prosecutor addressed Dogan: “As long as you deny it, it’s not just a individual, it’s an entire sordid social system that you are upholding.”

Personal History

The accused was born in the country of Turkey and at the age of 5 moved to France, where his parent worked as a concierge. The court heard that his father was aggressive and that the defendant began using drugs aged 10. When Dogan was 17 he was stopped by authorities for dealing drugs and his father kicked him out of home. He spent time in prison for trafficking in his early 20s and had worked as a builder but had faced periods of homelessness.

He was married and had a child with special needs, who he was the main caregiver for, as his spouse worked in a school canteen. The court heard his spouse did not know he had frequent extramarital activities beyond their marriage. His legal team said this was his method of dealing with his challenging existence. Dogan had stated to a court psychologist that once a year he engaged in commercial sex on his birthday. His lawyers informed the court he had a medical condition resulting from the pressure of the original case.