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An individual was declared guilty on appeal of raping Gisèle Pelicot after she was drugged unconscious by her spouse – and was given his incarceration period extended to 10 years.

Appeal Trial

The defendant, forty-four, an unemployed builder, who had contested his initial guilty verdict last year, experienced a appeal hearing this week at the Nîmes court of appeal.

A jury of five men and four women, joined by three judges, found Dogan guilty on Thursday of raping Pelicot in her bedroom in southern France in the early hours of June 29, 2019.

The testimony revealed that the accused, a married father, made contact with the victim's husband at the time, Dominique Pelicot, in an online chatroom called “unbeknownst to her”, where the husband was recruiting men to come to his home to assault his wife once he had sedated her into a deep sleep.

We trust the panel will declare that in this country, fundamental rights are also women’s rights – that agreement is individual, not given by another,” stated the victim's attorney, her legal representative. “Agreement is received personally and not through someone else from a husband.”

Case History

Dominique Pelicot, one of the worst sex offenders in France's contemporary records, was given a prison term to two decades in prison last year for sedating his then wife and inviting dozens of men to sexually assault her in her home in the Provence village of Mazan over a duration of many years of their union.

Numerous other individuals were found culpable in a high-profile trial last year, and Dogan was the single defendant to contest his conviction. He was first given a sentence to nine years in prison, a penalty raised on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had contended he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his residence in Provence to rape the victim, after notifying his wife he was stepping out, the testimony revealed.

The ex-husband, who was transported from solitary confinement in prison to temporarily give evidence at the appeal trial, told the court that the accused had understood his wife had been “sedated” and he told to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a focus point for a broader debate on societal attitudes in society as Dogan continued to assert he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had allowed him into the bedroom, his behavior had been permissible.

The jury in the Nîmes appeals court was displayed recorded footage of the victim's limp body, comatose and snoring in a deep sleep, while a grinning Dogan committed rape repeatedly over a period of what police said was 3.5 hours. The judge said she had been at risk of fatal outcome by choking. The state's case said there was no question that she had been unconscious and had not consented.

Dogan's Claims

Dogan stated to the court the footage were simply “sex scenes” and disputed it was assault. He said what he did was “a sexual act”, not rape. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I continued because he persuaded me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I had no desire to hurt that woman.”

Victim's Response

Gisèle Pelicot, who was cheered upon departing the trial each day by onlookers gathered to support her, addressed the defendant in court: “You fail to comprehend. When will you acknowledge you violated me? It is illegal to assault an unconscious woman. When did I ever give you consent? At no time.”

The victim, seventy-two, became an international feminist hero after she waived her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s refusal to take accountability showed that: “Guilt has not shifted. Society is possibly in the process of that, possibly propelled by the public consciousness brought by the exposure of your ordeal.”

The prosecutor said the defendant's claims of blamelessness showed how societal tolerance was still widespread in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change rape culture to a culture of consent.”

The prosecutor told the defendant: “While you reject it, it’s not just a individual, it’s an whole disturbing cultural framework that you are supporting.”

Defendant's Background

The accused was originated from Turkey and at the age of 5 came to the nation of France, where his parent worked as a concierge. The court heard that his parent was violent and that Dogan began smoking cannabis at the age of ten. When Dogan was 17 he was stopped by police for drug trafficking and his parent kicked him out the family house. He was incarcerated in prison for trafficking in his young adulthood and had worked as a laborer but had undergone periods of living on the streets.

He was married and had a son with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The testimony revealed his spouse did not know he had repeated extramarital activities beyond their union. His defence said this was his way of coping with his challenging existence. The defendant had stated to a mental health expert that annually he looked for commercial sex on his birthday. His lawyers told the court he had arthritis caused by the anxiety of the original case.