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A man was declared guilty on appeal of raping Gisèle Pelicot after she was sedated by her spouse – and was given his jail term increased to ten years.

Retrial Proceedings

Dogan, 44, an unemployed builder, who had appealed his first conviction last year, faced a new trial this week at the appeals court in Nîmes.

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

The evidence showed that the accused, a family man, made contact with the victim's spouse, the husband, in an internet forum called “without her knowledge”, where the husband was recruiting men to come to his home to assault his wife once he had rendered her unconscious into a deep sleep.

We expect the panel will affirm that in this nation, fundamental rights are also women’s rights – that agreement is individual, not given by another,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Permission is received personally and not by proxy from a husband.”

Case History

The ex-husband, one of the worst sex offenders in France's contemporary records, was sentenced to 20 years in prison last year for drugging his wife at the time and inviting numerous individuals to rape her in her home in the Provence village of Mazan over a period of almost a decade of their union.

Numerous other individuals were found culpable in a high-profile trial last year, and Dogan was the sole individual to appeal against his sentence. He was first handed a term to 9 years in prison, a sentence increased on Thursday to ten years.

The state's attorney, the prosecutor, had stated he should serve twelve years, because he “completely denies to take any responsibility”.

Evidence Presented

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

The ex-husband, who was brought from isolation in prison to briefly give evidence at the hearing, informed the court that the accused had been aware his wife had been “sedated” and he told to men by phone: “I seek someone to abuse my wife after I’ve sedated her without her consent.”

The proceedings became a central issue for a wider discussion on sexual violence norms in society as Dogan continued to say he was blameless and had not perpetrated assault, contending that because the victim's husband had allowed him into the room, his actions had been acceptable.

The jury in the higher court was presented with visual proof of Gisèle Pelicot’s unresponsive form, sedated and snoring in a unconscious condition, while a smiling Dogan engaged in violation repeatedly over a period of what police said was several hours. The court official said she had been at risk of fatal outcome by choking. The state's case said there was no doubt that she had been unaware and had not consented.

Defendant's Statements

Dogan informed the court the footage were simply “intimate moments” and rejected it was violation. He said what he did was “a consensual activity”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was OK. He said he was deceived by the husband. “I tried to halt,” Dogan informed the court. “I proceeded because he persuaded me.”

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

Victim's Response

Gisèle Pelicot, who was cheered upon leaving court each day by supporters present to stand with her, addressed Dogan in court: “You fail to comprehend. When will you admit you assaulted me? It’s a crime to assault an unconscious woman. How could I have give you permission? At no time.”

Gisèle Pelicot, 72, became an international feminist hero after she relinquished her right to anonymity in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said Dogan’s refusal to take accountability showed that: “Shame has not yet changed sides. The public is possibly in the midst of that, maybe driven by the collective awareness brought by the exposure of your case.”

Sie said Dogan’s claims of blamelessness showed how normalized violence was still prevalent in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change the culture of violence to a culture of consent.”

The prosecutor told the defendant: “While you deny it, it’s not just a person, it’s an whole unpleasant societal structure that you are upholding.”

Personal History

Dogan was originated from the country of Turkey and at the age of 5 moved to France, where his father worked as a building manager. The court heard that his parent was violent and that the defendant began consuming marijuana aged 10. When Dogan was 17 he was apprehended by authorities for dealing drugs and his father kicked him out the family house. He served time in prison for trafficking in his early 20s and had worked as a builder but had experienced periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had repeated sexual encounters beyond their union. His defence said this was his method of dealing with his stressful life. The defendant had told a court psychologist that each year he engaged in transactional encounters on his special day. His lawyers informed the court he had a medical condition caused by the pressure of the initial proceedings.