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A man has been found guilty on higher court review of raping Gisele Pelicot after she was sedated by her husband – and has had his incarceration period raised to 10 years.

Retrial Proceedings

The defendant, forty-four, an out-of-work construction worker, who had challenged his initial guilty verdict last year, underwent a appeal hearing this week at the appeals court in Nîmes.

A jury of nine jurors, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her residence in the south of France in the early hours of 29 June 2019.

The testimony revealed that Dogan, a family man, made contact with the victim's husband at the time, Dominique Pelicot, in an digital platform named “unbeknownst to her”, where the husband was seeking men to come to his home to assault his wife after he had drugged her into a comatose state.

“We hope the panel will affirm that in this country, fundamental rights are also women’s rights – that consent is individual, not given by another,” declared the victim's attorney, Antoine Camus. “Agreement is received directly and not via a representative from a spouse.”

Case History

Dominique Pelicot, among the most severe sex offenders in modern French history, was sentenced to twenty years in prison last year for drugging his spouse and bringing in dozens of men to rape her in her home in the town of the village of Mazan over a duration of nearly ten years of their union.

Numerous other individuals were found guilty in a high-profile trial last year, and Dogan was the only man to challenge his verdict. He was first sentenced to nine years in prison, a penalty raised on Thursday to ten years.

The state's attorney, Dominique Sie, had stated he should serve 12 years, because he “absolutely refuses to take any blame”.

Testimony and Proof

Dogan had initially sent the husband graphic images and then traveled 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 isolation in prison to temporarily give evidence at the retrial, stated to the court that Dogan had known his wife had been “sedated” and he communicated to men by phone: “I want someone to assault my wife after I’ve sedated her without her knowledge.”

The courtroom became a focus point for a broader debate on societal attitudes in society as Dogan continued to claim he was innocent and had not committed rape, stating that because Gisèle Pelicot’s husband had invited him into the room, his behavior had been acceptable.

The panel in the higher court was shown video evidence of Gisèle Pelicot’s unresponsive form, unconscious and snoring in a deep sleep, while a grinning Dogan committed rape repeatedly over a timeframe of what police said was 3.5 hours. The presiding judge said she had been at danger of fatal outcome by suffocation. The state prosecution said there was absolute certainty that she had been unaware and had not consented.

Dogan's Claims

Dogan told the court the footage were simply “intimate moments” and rejected it was rape. He said what he did was “a consensual activity”, not assault. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I tried to halt,” Dogan told the court. “I carried on because he persuaded me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to harm that woman.”

Victim's Response

The victim, who was applauded upon departing the trial each day by crowds present to stand with her, said to Dogan in court: “You do not grasp. When will you acknowledge you violated me? It’s a crime to assault an unaware woman. At what point did I give you consent? Never.”

The victim, 72, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, turning to the victim in court, said Dogan’s unwillingness to take responsibility showed that: “The shame remains. Society is maybe in the process of that, possibly propelled by the public consciousness spurred by the revelation of your case.”

Sie said Dogan’s claims of innocence showed how societal tolerance was still widespread in society as part of “archaic” forms of “gender-based power”. He said: “We need to change the culture of violence to a culture of consent.”

Sie said to the defendant: “As long as you refuse to admit it, it’s not just a woman, it’s an whole disturbing social system that you are supporting.”

Personal History

Dogan was originated from Turkey and at the age of five relocated to the nation of France, where his father worked as a concierge. The evidence indicated that his parent was violent and that Dogan began smoking cannabis aged 10. When he was seventeen he was caught by police for selling narcotics and his father forced him to leave the residence. He served time in prison for narcotics offenses in his young adulthood and had worked as a laborer but had undergone periods of being unhoused.

He was wed and had a child with Down’s syndrome, who he was the primary guardian for, as his wife worked in a educational cafeteria. The testimony revealed his wife did not know he had regular intimate relations outside their union. His defence said this was his method of dealing with his challenging existence. The defendant had informed a mental health expert that annually he engaged in transactional encounters on his special day. His legal representatives informed the court he had arthritis caused by the anxiety of the first trial.