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A man was convicted on higher court review of raping Gisele Pelicot after she was sedated by her spouse – and received his jail term increased to ten years.

Retrial Proceedings

The defendant, 44, an out-of-work construction worker, who had contested his first conviction last year, underwent a appeal hearing this week at the higher court in Nîmes.

A jury of four women and five men, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her bedroom in the south of France in the morning of 29 June 2019.

The testimony revealed that the accused, a family man, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform titled “without her knowledge”, where the husband was recruiting men to visit his house to rape his wife after he had drugged her into a comatose state.

“We hope the court will affirm that in this society, fundamental rights are also rights of women – that permission is personal, not delegated,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is obtained directly and not through someone else from a husband.”

Case History

Dominique Pelicot, a notorious sex offenders in recent French history, was given a prison term to 20 years in prison last year for drugging his then wife and inviting numerous individuals to sexually assault her in her home in the Provence village of Mazan over a span of nearly ten years of their union.

Fifty other men were found guilty in a widely publicized trial last year, and Dogan was the only man to appeal against his sentence. He was initially given a sentence to nine years in prison, a penalty raised on Thursday to ten years.

The lead state prosecutor, the prosecutor, had contended he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

Dogan had initially sent the husband sexually explicit photos and then traveled an hour from his residence in Provence to assault Gisèle Pelicot, after telling his wife he was leaving, the testimony revealed.

Pelicot, who was transported from solitary confinement in prison to briefly provide testimony at the retrial, stated to the court that Dogan had known his wife had been “incapacitated” and he communicated to men by phone: “I want someone to assault my wife after I’ve sedated her without her consent.”

The courtroom became a focus point for a wider discussion on sexual violence norms in society as Dogan continued to say he was not guilty and had not committed rape, stating that because the victim's husband had welcomed him into the bedroom, his actions had been acceptable.

The jury in the higher court was shown recorded footage of Gisèle Pelicot’s limp body, comatose and snoring in a unconscious condition, while a smiling Dogan engaged in violation multiple times over a period of what authorities reported was 3.5 hours. The presiding judge said she had been at danger of death by suffocation. The state prosecution said there was no doubt that she had been unconscious and had not given permission.

Defendant's Statements

Dogan told the court the footage were simply “intimate moments” and rejected it was violation. He said what he did was “an intimate behavior”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was permissible. He said he was deceived by the husband. “I wanted to stop,” Dogan stated to the court. “I continued because he reassured me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I had no desire to injure that individual.”

Victim's Response

The victim, who was supported upon exiting the courtroom each day by supporters present to support her, told the defendant in court: “You fail to comprehend. When are you going to recognise you violated me? It is unlawful to assault an unaware woman. When did I ever give you consent? At no time.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she relinquished her right to anonymity in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take blame showed that: “Shame has not yet changed sides. The public is maybe in the process of that, perhaps propelled by the collective awareness brought by the revelation of your situation.”

Sie said Dogan’s claims of innocence showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor said to the defendant: “As long as you refuse to admit it, it’s not just a person, it’s an complete sordid cultural framework that you are endorsing.”

Personal History

The accused was born in the country of Turkey and at the age of five relocated to France, where his father worked as a concierge. The testimony revealed that his father was abusive and that Dogan began consuming marijuana at the age of 10. When he was seventeen he was apprehended by police for dealing drugs and his father forced him to leave the family house. He was incarcerated in prison for drug dealing in his twenties and had worked as a construction worker but had experienced periods of being unhoused.

He was married and had a child with special needs, who he was the main caregiver for, as his spouse worked in a institution's dining hall. 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 mental health expert that once a year he looked for commercial sex on his special day. His attorneys told the court he had a medical condition triggered by the pressure of the first trial.