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An individual has been found guilty on appeal of raping Gisèle Pelicot after she was sedated by her spouse – and has had his prison sentence increased to 10 years.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, experienced a retrial this week at the Nîmes court of appeal.

A panel of four women and five men, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her bedroom in southern France in the early hours of June 29, 2019.

The court heard that Dogan, a family man, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum named “without her knowledge”, where the husband was seeking men to visit his house to rape his wife after he had sedated her into a deep sleep.

“We hope the panel will say loud and clear that in this country, human rights are also women’s rights – that consent is personal, not delegated,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Permission is secured personally and not through someone else from a spouse.”

Background

The husband, among the most severe sexual predators in recent French history, was given a prison term to twenty years in prison last year for incapacitating his then wife and bringing in dozens of men to rape her in her home in the town of Mazan over a duration of almost a decade of their union.

Fifty other men were found convicted in a notable trial last year, and Dogan was the single defendant to challenge his verdict. He was originally sentenced to nine years in prison, a punishment raised on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had argued he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

Dogan had first sent Dominique Pelicot graphic images and then driven an hour from his residence in the region to assault the victim, after notifying his wife he was leaving, the evidence indicated.

Pelicot, who was transported from segregation in prison to temporarily provide testimony at the hearing, informed the court that the accused had understood his wife had been “drugged” and he said to men by phone: “I seek someone to violate my wife after I’ve sedated her unbeknownst to her.”

The proceedings became a focus point for a broader debate on sexual violence norms in society as Dogan continued to claim he was blameless and had not engaged in violation, arguing that because the victim's husband had allowed him into the bedroom, his actions had been acceptable.

The panel in the higher court was presented with recorded footage of Gisèle Pelicot’s limp body, comatose and snoring in a unconscious condition, while a smiling the perpetrator engaged in violation repeatedly over a timeframe of what investigators stated was 3.5 hours. The judge said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was absolute certainty that she had been incapacitated and had not given permission.

Accused's Testimony

The defendant told the court the recordings were simply “sexual encounters” and disputed it was assault. He said what he did was “an intimate behavior”, not rape. He stated the court: “I did not commit rape.” He said the victim's husband had allowed him to the home, and therefore it was permissible. He said he was manipulated by the husband. “I tried to halt,” Dogan informed the court. “I proceeded because he reassured me.”

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

Pelicot's Words

The survivor, who was supported upon exiting the courtroom each day by crowds gathered to stand with her, told the defendant in court: “You do not grasp. When will you acknowledge you assaulted me? It’s a crime to assault an unconscious woman. How could I have give you consent? Not once.”

The victim, 72, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, addressing the victim in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. The community is maybe in the process of that, maybe propelled by the public consciousness spurred by the revelation of your situation.”

The prosecutor said the defendant's claims of innocence showed how rape culture was still common in society as part of “archaic” forms of “patriarchal control”. He said: “Now we must change rape culture to a ethos of permission.”

The prosecutor addressed the defendant: “As long as you reject it, it’s not just a person, it’s an complete unpleasant social system that you are upholding.”

Biographical Details

Dogan was originated from Turkey and at the age of 5 came to the nation of France, where his parent worked as a concierge. The court heard that his parent was abusive and that Dogan began smoking cannabis at the age of 10. When he was 17 he was stopped by police for selling narcotics and his father evicted him the family house. He served time in prison for narcotics offenses in his early 20s and had worked as a laborer but had undergone periods of being unhoused.

He was married and had a child with special needs, who he was the main caregiver for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had regular intimate relations beyond their marriage. His legal team said this was his way of coping with his difficult circumstances. The defendant had stated to a mental health expert that once a year he looked for commercial sex on his special day. His legal representatives told the court he had a medical condition caused by the pressure of the initial proceedings.