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A man was convicted on higher court review of raping Gisele Pelicot following she was sedated by her husband – and received his incarceration period raised to ten years.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, faced a new trial this week at the appeals court in Nîmes.

A panel of nine jurors, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her residence in southern France in the early hours of June 29, 2019.

The evidence showed that the accused, a family man, connected with the victim's husband at the time, Dominique Pelicot, in an digital platform named “without her consent”, where Pelicot was looking for men to enter his residence to assault his wife after he had rendered her unconscious into a unconscious state.

We expect the court will say loud and clear that in this society, human rights are also women’s rights – that agreement is individual, not transferred,” said Gisèle Pelicot’s lawyer, her legal representative. “Consent is received personally and not through someone else from a husband.”

Case History

The husband, among the most severe sex offenders in modern French history, was sentenced to two decades in prison last year for incapacitating his wife at the time and inviting dozens of men to sexually assault her in her home in the town of the village of Mazan over a period of almost a decade of their marriage.

Numerous other individuals were found guilty in a widely publicized trial last year, and the appellant was the sole individual to appeal against his verdict. He was originally given a sentence to nine years in prison, a sentence increased on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had stated he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Evidence Presented

Dogan had initially sent the husband graphic images and then driven an hour from his village in the region to assault the victim, after notifying his wife he was stepping out, the evidence indicated.

The ex-husband, who was brought from isolation in prison to temporarily give evidence at the retrial, informed the court that Dogan had known his wife had been “incapacitated” and he told to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a focus point for a larger conversation on sexual violence norms in society as Dogan continued to say he was blameless and had not committed rape, arguing that because the victim's husband had welcomed him into the room, his behavior had been justifiable.

The jury in the higher court was presented with video evidence of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a deep sleep, while a grinning the perpetrator engaged in violation repeatedly over a timeframe of what investigators stated was three and a half hours. The court official said she had been at peril of fatal outcome by choking. The state's case said there was no doubt that she had been unconscious and had not consented.

Dogan's Claims

The defendant informed the court the footage were simply “sex scenes” and denied it was assault. He said what he did was “a consensual activity”, not rape. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was permissible. He said he was deceived by the husband. “I wanted to stop,” the accused stated to the court. “I continued because he persuaded me.”

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

Survivor's Statement

The victim, who was cheered upon leaving court each day by crowds present to support her, addressed the defendant in court: “You fail to comprehend. When will you admit you assaulted me? It’s a crime to rape an unaware woman. How could I have give you agreement? At no time.”

Gisèle Pelicot, 72, became an international feminist hero after she relinquished her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's failure to take accountability showed that: “The shame remains. The community is maybe in the midst of that, maybe motivated by the societal understanding spurred by the revelation of your ordeal.”

The prosecutor said the defendant's claims of non-guilt showed how rape culture was still prevalent in society as part of “outdated” forms of “male domination”. He said: “We need to change rape culture to a ethos of permission.”

Sie told the defendant: “While you refuse to admit it, it’s not just a woman, it’s an entire disturbing societal structure that you are supporting.”

Defendant's Background

The accused was born in Turkey and at the age of 5 relocated to the nation of France, where his father worked as a building manager. The court heard that his father was aggressive and that Dogan began smoking cannabis at the age of 10. When he was seventeen he was stopped by police for dealing drugs and his father kicked him out the family house. He was incarcerated in prison for trafficking in his twenties and had worked as a laborer but had faced periods of homelessness.

He was wed and had a son with Down’s syndrome, who he was the main caregiver for, as his wife worked in a school canteen. The evidence showed his wife did not know he had repeated extramarital activities outside their union. His legal team said this was his strategy for managing with his stressful life. Dogan had informed a mental health expert that annually he looked for commercial sex on his special day. His attorneys informed the court he had a medical condition triggered by the stress of the original case.