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A man was convicted on higher court review of raping Gisèle Pelicot following she was sedated by her spouse – and has had his jail term extended to a decade.

Higher Court Case

The defendant, 44, an out-of-work construction worker, who had appealed his first conviction last year, underwent a appeal hearing this week at the appeals court in Nîmes.

A panel of four women and five men, accompanied by three judges, convicted Dogan on Thursday of raping Pelicot in her residence in the south of France in the early hours of June 29, 2019.

The testimony revealed that the accused, a married father, made contact with the victim's then husband, Dominique Pelicot, in an internet forum titled “without her knowledge”, where Pelicot was recruiting men to visit his house to assault his wife after he had drugged her into a comatose state.

“We hope the jury will declare that in this country, human rights are also women’s rights – that agreement is individual, not delegated,” stated the victim's attorney, her legal representative. “Permission is received personally and not by proxy from a husband.”

Case History

Dominique Pelicot, one of the worst sexual predators in modern French history, was sentenced to 20 years in prison last year for sedating his then wife and soliciting multiple perpetrators to rape her in her home in the Provence village of the village of Mazan over a period of many years of their union.

Dozens of additional defendants were found guilty in a high-profile trial last year, and Dogan was the only man to appeal against his conviction. He was originally sentenced to nine years in prison, a sentence raised on Thursday to a decade.

The lead state prosecutor, the prosecutor, had stated he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his village in the region to rape Gisèle Pelicot, after telling his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from isolation in prison to briefly testify at the appeal trial, told the court that Dogan had been aware his wife had been “drugged” and he said to men by phone: “I want someone to violate my wife after I’ve put her to sleep without her consent.”

The proceedings became a central issue for a broader debate on sexual violence norms in society as the defendant continued to claim he was innocent and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had invited him into the bedroom, his actions had been acceptable.

The panel in the Nîmes appeals court was presented with video evidence of the victim's unresponsive form, sedated and breathing heavily in a unconscious condition, while a smiling Dogan performed assault repeatedly over a period of what police said was 3.5 hours. The presiding judge said she had been at risk of death by suffocation. The state prosecution said there was no question that she had been unconscious and had not consented.

Defendant's Statements

The defendant told the court the recordings were simply “intimate moments” and rejected it was rape. He said what he did was “a sexual act”, not assault. He told the court: “I never raped.” He said the victim's husband had invited him to the home, and therefore it was permissible. He said he was manipulated by the husband. “I attempted to cease,” Dogan informed the court. “I carried on because he persuaded me.”

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

Pelicot's Words

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by supporters gathered to back her, addressed Dogan in court: “You haven’t understood. When will you admit you raped me? It’s a crime to rape an incapacitated woman. How could I have give you permission? Not once.”

Gisèle Pelicot, 72, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, turning to the victim in court, said the defendant's failure to take blame showed that: “Guilt has not shifted. The public is perhaps in the course of that, perhaps motivated by the public consciousness spurred by the revelation of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how normalized violence was still common in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a ethos of permission.”

Sie said to the defendant: “While you deny it, it’s not just a woman, it’s an entire disturbing social system that you are upholding.”

Personal History

Dogan was originated from the country of Turkey and at the age of five came to the nation of France, where his parent worked as a caretaker. The court heard that his father was aggressive and that Dogan began using drugs at the age of ten. When he was seventeen he was apprehended by police for dealing drugs and his parent forced him to leave the family house. He was incarcerated in prison for trafficking in his early 20s and had worked as a laborer but had faced periods of being unhoused.

He was wed and had a child with Down’s syndrome, who he was the principal carer for, as his spouse worked in a educational cafeteria. The testimony revealed his spouse did not know he had regular intimate relations beyond their marriage. His legal team said this was his strategy for managing with his stressful life. Dogan had stated to a mental health expert that once a year he engaged in transactional encounters on his special day. His lawyers told the court he had arthritis caused by the pressure of the original case.