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A man was convicted on appeal of raping Gisele Pelicot after she was sedated by her husband – and was given his incarceration period raised to 10 years.

Appeal Trial

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

A jury of four women and five men, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her residence in Provence in the morning of June 29, 2019.

The testimony revealed that Dogan, a married father, made contact with Gisèle Pelicot’s then husband, the husband, in an internet forum called “unbeknownst to her”, where the husband was seeking men to visit his house to assault his wife after he had drugged her into a deep sleep.

We trust the panel will affirm that in this country, fundamental rights are also women’s rights – that agreement is individual, not given by another,” stated the victim's lawyer, her legal representative. “Agreement is obtained directly and not via a representative from a spouse.”

Case History

The ex-husband, one of the worst sex offenders in modern French history, was given a prison term to two decades in prison last year for incapacitating his spouse and soliciting numerous individuals to rape her in her home in the community of Mazan over a span of many years of their marriage.

Fifty other men were found guilty in a widely publicized trial last year, and the appellant was the single defendant to appeal against his sentence. He was initially given a sentence to nine years in prison, a sentence enhanced on Thursday to ten years.

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

Courtroom Details

Dogan had initially sent Dominique Pelicot graphic images and then traveled an hour from his residence in Provence to rape Gisèle Pelicot, after telling his wife he was leaving, the court heard.

The ex-husband, who was transported from solitary confinement in prison to briefly give evidence at the hearing, told the court that the accused had known his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The proceedings became a central issue for a wider discussion on sexual violence norms in society as Dogan continued to assert he was blameless and had not engaged in violation, stating that because Gisèle Pelicot’s husband had invited him into the residence, his behavior had been justifiable.

The jury in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s unconscious figure, sedated and breathing heavily in a unconscious condition, while a grinning Dogan performed assault repeatedly over a period of what investigators stated was three and a half hours. The presiding judge said she had been at danger of death by suffocation. The state's case said there was no question that she had been incapacitated and had not agreed.

Accused's Testimony

Dogan informed the court the videos were simply “intimate moments” and disputed it was assault. He said what he did was “a consensual activity”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had invited him to the residence, and therefore it was OK. He said he was deceived by the husband. “I attempted to cease,” the accused stated to the court. “I carried on because he reassured me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to harm that woman.”

Pelicot's Words

Gisèle Pelicot, who was supported upon departing the trial each day by onlookers gathered to stand with her, addressed the defendant in court: “You fail to comprehend. When will you acknowledge you raped me? It is unlawful to rape an unaware woman. At what point did I give you agreement? Never.”

Gisèle Pelicot, 72, became an global icon after she gave up her right to privacy 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 blame showed that: “The shame remains. The public is maybe in the midst of that, perhaps propelled by the collective awareness resulting from the revelation of your case.”

Sie said the defendant's claims of blamelessness showed how societal tolerance was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “We need to change the culture of violence to a ethos of permission.”

Sie said to Dogan: “For as much as you reject it, it’s not just a individual, it’s an whole sordid social system that you are supporting.”

Personal History

Dogan was born in Turkey and at the age of 5 came to France, where his parent worked as a caretaker. The testimony revealed that his parent was aggressive and that Dogan began consuming marijuana aged ten. When Dogan was 17 he was apprehended by authorities for selling narcotics and his father kicked him out the residence. He served time in prison for trafficking in his young adulthood and had worked as a builder but had undergone periods of homelessness.

He was wed and had a child with Down’s syndrome, who he was the main caregiver for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had regular intimate relations outside their marriage. His defence said this was his strategy for managing with his stressful life. Dogan had stated to a court psychologist that once a year he sought commercial sex on his birthday. His attorneys informed the court he had joint inflammation resulting from the stress of the first trial.