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A man has been found guilty on higher court review of sexually assaulting Gisele Pelicot after she was drugged unconscious by her spouse – and received his jail term extended to 10 years.

Retrial Proceedings

Dogan, 44, an unemployed builder, who had contested his first conviction last year, underwent 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 raping the victim in her home in Provence in the early hours of June 29, 2019.

The testimony revealed that Dogan, a married father, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum called “without her consent”, where the husband was seeking men to visit his house to rape his wife after he had rendered her unconscious into a deep sleep.

We expect the panel will say loud and clear that in this nation, fundamental rights are also women’s rights – that permission is personal, not transferred,” stated Gisèle Pelicot’s lawyer, her legal representative. “Agreement is secured directly and not via a representative from a spouse.”

Case History

Dominique Pelicot, one of the worst sex offenders in modern French history, was sentenced to twenty years in prison last year for incapacitating his spouse and inviting numerous individuals to rape her in her home in the Provence village of the village of Mazan over a period of almost a decade of their marriage.

Numerous other individuals were found convicted in a high-profile trial last year, and the appellant was the single defendant to challenge his conviction. He was originally given a sentence to nine years in prison, a punishment increased on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had argued he should serve twelve years, because he “stubbornly rejects to take any blame”.

Courtroom Details

Dogan had initially sent Dominique Pelicot graphic images and then driven an hour from his town in Provence to rape Gisèle Pelicot, after informing his wife he was leaving, the testimony revealed.

The ex-husband, who was transported from solitary confinement in prison to briefly testify at the retrial, told the court that Dogan had known his wife had been “incapacitated” and he communicated to men by phone: “I want someone to violate my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a central issue for a broader debate on societal attitudes in society as the defendant continued to claim he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had welcomed him into the residence, his conduct had been permissible.

The jury in the higher court was displayed visual proof of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a deep sleep, while a smiling the perpetrator engaged in violation multiple times over a period of what police said was 3.5 hours. The court official said she had been at risk of death by suffocation. The state's case said there was no doubt that she had been unaware and had not given permission.

Accused's Testimony

The defendant informed the court the videos were simply “intimate moments” and disputed it was rape. He said what he did was “an intimate behavior”, not rape. He declared the court: “I am innocent of assault.” He said the victim's husband had invited him to the residence, and therefore it was acceptable. He said he was manipulated by the husband. “I tried to halt,” the accused informed the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I never wanted to hurt that individual.”

Victim's Response

Gisèle Pelicot, who was supported upon leaving court each day by crowds present to support her, addressed the defendant in court: “You do not grasp. When are you going to recognise you raped me? It is illegal to assault an unconscious woman. At what point did I give you permission? Not once.”

The victim, 72, became an international feminist hero after she gave up her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, speaking to the victim in court, said the defendant's unwillingness to take accountability showed that: “Guilt has not shifted. The public is possibly in the course of that, maybe driven by the societal understanding brought by the revelation of your case.”

The prosecutor said the defendant's claims of blamelessness showed how rape culture was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “We need to change rape culture to a ethos of permission.”

Sie told Dogan: “For as much as you reject it, it’s not just a person, it’s an entire unpleasant social system that you are endorsing.”

Personal History

The accused was originated from Turkey and at the age of five moved to France, where his parent worked as a building manager. The evidence indicated that his parent was violent and that the defendant began using drugs aged ten. When he was seventeen he was stopped by authorities for selling narcotics and his father evicted him the family house. He served time in prison for narcotics offenses in his twenties and had worked as a builder but had undergone periods of living on the streets.

He was wed and had a son with a genetic condition, who he was the primary guardian for, as his wife worked in a school canteen. The evidence showed his wife did not know he had frequent extramarital activities beyond their marriage. His legal team said this was his strategy for managing with his difficult circumstances. The defendant had informed a evaluator that each year he looked for paid sex on his special day. His attorneys told the court he had joint inflammation caused by the pressure of the first trial.