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A man was declared guilty on higher court review of raping Gisèle Pelicot after she was drugged unconscious by her spouse – and was given his jail term extended to ten years.

Higher Court Case

The defendant, 44, an unemployed builder, who had appealed his initial guilty verdict last year, experienced a appeal hearing this week at the appeals court in Nîmes.

A jury of four women and five men, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her home in southern France in the morning of 29 June 2019.

The evidence showed that the accused, a married father, made contact with Gisèle Pelicot’s husband at the time, the husband, in an digital platform titled “unbeknownst to her”, where the husband was looking for men to enter his residence to rape his wife after he had sedated her into a deep sleep.

“We hope the court will declare that in this country, fundamental rights are also women’s rights – that agreement is personal, not given by another,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is received personally and not via a representative from a husband.”

Case History

Dominique Pelicot, a notorious sex offenders in recent French history, was sentenced to 20 years in prison last year for incapacitating his spouse and soliciting multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a span of many years of their marriage.

Numerous other individuals were found convicted in a notable trial last year, and Dogan was the single defendant to appeal against his sentence. He was originally sentenced to nine years in prison, a punishment increased on Thursday to 10 years.

The chief prosecutor, the prosecutor, had argued he should serve 12 years, because he “completely denies to take any responsibility”.

Testimony and Proof

The defendant had first sent the husband inappropriate pictures and then traveled an hour from his town in Provence to assault the victim, after informing his wife he was leaving, the evidence indicated.

Pelicot, who was brought from solitary confinement in prison to temporarily give evidence at the appeal trial, stated to the court that Dogan had been aware his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep without her knowledge.”

The trial became a focus point for a wider discussion on societal attitudes 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 residence, his actions had been justifiable.

The panel in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a unconscious condition, while a smiling Dogan engaged in violation on several occasions over a period of what investigators stated was three and a half hours. The judge said she had been at risk of death by suffocation. The state prosecution said there was no question that she had been incapacitated and had not consented.

Accused's Testimony

Dogan told the court the videos were simply “sexual encounters” and denied it was rape. He said what he did was “a consensual activity”, not assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was permissible. He said he was manipulated by the husband. “I attempted to cease,” Dogan told the court. “I carried on because he reassured me.”

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

Survivor's Statement

Gisèle Pelicot, who was applauded upon leaving court each day by crowds assembled to back her, said to Dogan in court: “You haven’t understood. When will you admit you assaulted me? It is illegal to assault an unconscious woman. How could I have give you agreement? At no time.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she relinquished her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, speaking to the victim in court, said Dogan’s unwillingness to take blame showed that: “The shame remains. The community is perhaps in the midst of that, possibly propelled by the collective awareness spurred by the exposure of your case.”

The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance was still common in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change rape culture to a ethos of permission.”

The prosecutor told the defendant: “While you refuse to admit it, it’s not just a woman, it’s an complete disturbing social system that you are endorsing.”

Biographical Details

Dogan was born in the country of Turkey and at the age of five moved to France, where his father worked as a concierge. The evidence indicated that his father was violent and that the defendant began using drugs aged ten. When he was 17 he was stopped by police for selling narcotics and his father kicked him out the residence. He served time in prison for drug dealing in his early 20s and had worked as a builder but had faced periods of living on the streets.

He was wed and had a son with special needs, who he was the primary guardian for, as his wife worked in a institution's dining hall. The testimony revealed his spouse did not know he had regular extramarital activities beyond their union. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had stated to a mental health expert that each year he engaged in commercial sex on his special day. His attorneys informed the court he had a medical condition caused by the stress of the initial proceedings.