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An individual was convicted on appeal of sexually assaulting Gisele Pelicot following she was sedated by her then-husband – and received his prison sentence extended to 10 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 higher court in Nîmes.

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

The evidence showed that Dogan, a family man, reached out to the victim's husband at the time, the husband, in an internet forum called “unbeknownst to her”, where Pelicot was recruiting men to visit his house to assault his wife once he had rendered her unconscious into a comatose state.

We expect the jury will say loud and clear that in this society, fundamental rights are also rights of women – that agreement is personal, not delegated,” declared the victim's attorney, her legal representative. “Permission is obtained personally and not via a representative from a husband.”

Case History

Dominique Pelicot, among the most severe sex offenders in France's contemporary records, was given a prison term to twenty years in prison last year for sedating his then wife and soliciting numerous individuals to rape her in her home in the town of the village of Mazan over a period of many years of their marriage.

Dozens of additional defendants were found culpable in a notable trial last year, and Dogan was the only man to contest his sentence. He was first handed a term to 9 years in prison, a sentence enhanced on Thursday to a decade.

The chief prosecutor, Dominique Sie, had stated he should serve 12 years, because he “absolutely refuses to take any accountability”.

Evidence Presented

The defendant had initially sent the husband sexually explicit photos and then driven an hour from his town in Provence to rape the victim, after notifying his wife he was going out, the court heard.

Pelicot, who was brought from isolation in prison to briefly give evidence at the appeal trial, told the court that the accused had understood his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to violate my wife after I’ve put her to sleep without her knowledge.”

The trial became a key topic for a wider discussion on sexual violence norms in society as Dogan continued to say he was innocent and had not engaged in violation, stating that because Gisèle Pelicot’s husband had allowed him into the residence, his actions had been justifiable.

The panel in the higher court was displayed video evidence of Gisèle Pelicot’s unresponsive form, unconscious and snoring in a deep sleep, while a smiling Dogan engaged in violation on several occasions over a duration of what investigators stated was three and a half hours. The presiding judge said she had been at peril of fatal outcome by choking. The prosecution said there was absolute certainty that she had been unaware and had not consented.

Dogan's Claims

The defendant told the court the recordings were simply “sex scenes” and rejected it was assault. He said what he did was “a sexual act”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had brought him to the house, and therefore it was permissible. He said he was influenced by the husband. “I tried to halt,” Dogan told the court. “I proceeded because he convinced me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I did not intend to hurt that individual.”

Survivor's Statement

The victim, who was cheered upon leaving court each day by supporters assembled to stand with her, addressed Dogan in court: “You do not grasp. When will you admit you violated me? It’s a crime to assault 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: “The shame should shift.”

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “Shame has not yet changed sides. The community is possibly in the course of that, perhaps motivated by the societal understanding resulting from the publication of your ordeal.”

Sie said the defendant's claims of innocence showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change rape culture to a culture of consent.”

Sie addressed Dogan: “As long as you deny it, it’s not just a person, it’s an entire disturbing social system that you are upholding.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five moved to the nation of France, where his parent worked as a concierge. The evidence indicated that his parent was violent and that the defendant began using drugs at the age of ten. When he was 17 he was apprehended by police for dealing drugs and his father evicted him the family house. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a construction worker but had faced periods of being unhoused.

He was wed and had a son with Down’s syndrome, who he was the principal carer for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had repeated intimate relations beyond their union. His legal team said this was his strategy for managing with his stressful life. Dogan had informed a evaluator that annually he engaged in transactional encounters on his special day. His legal representatives stated to the court he had arthritis triggered by the stress of the first trial.