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A defendant was convicted on appeal of sexually assaulting Gisele Pelicot following she was sedated by her spouse – and received his incarceration period extended to ten years.

Higher Court Case

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

A jury of nine jurors, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her residence in Provence in the early hours of 29 June 2019.

The evidence showed that the accused, a family man, made contact with the victim's then husband, the husband, in an internet forum called “without her consent”, where the husband was seeking men to enter his residence to rape his wife after he had sedated her into a comatose state.

We expect the jury will affirm that in this society, human rights are also rights of women – that consent is individual, not transferred,” stated the victim's attorney, Antoine Camus. “Consent is received personally and not through someone else from a spouse.”

Case History

Dominique Pelicot, one of the worst sex offenders in recent French history, was handed a sentence to 20 years in prison last year for incapacitating his then wife and inviting multiple perpetrators to sexually assault her in her home in the community of the village of Mazan over a duration of almost a decade of their marriage.

Dozens of additional defendants were found guilty in a notable trial last year, and Dogan was the sole individual to contest his conviction. He was first handed a term to nine years in prison, a sentence increased on Thursday to 10 years.

The state's attorney, the prosecutor, had argued he should serve 12 years, because he “absolutely refuses to take any blame”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his residence in Provence to assault Gisèle Pelicot, after informing his wife he was stepping out, the evidence indicated.

The ex-husband, who was transported from segregation in prison to briefly give evidence at the appeal trial, informed the court that Dogan had been aware his wife had been “incapacitated” and he said to men by phone: “I want someone to violate my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a key topic for a wider discussion on rape culture in society as Dogan continued to claim he was not guilty and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had allowed him into the room, his conduct had been permissible.

The jury in the higher court was displayed video evidence of the victim's unconscious figure, comatose and breathing heavily in a unconscious condition, while a grinning Dogan committed rape on several occasions over a duration of what authorities reported was several hours. The judge said she had been at danger of fatal outcome by suffocation. The prosecution said there was absolute certainty that she had been incapacitated and had not consented.

Accused's Testimony

Dogan informed the court the recordings were simply “sex scenes” and disputed it was violation. He said what he did was “an intimate behavior”, not assault. He told 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 manipulated by the husband. “I attempted to cease,” the accused informed the court. “I proceeded because he persuaded me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to injure that woman.”

Victim's Response

The survivor, who was applauded upon leaving court each day by onlookers present to stand with her, told Dogan in court: “You haven’t understood. When are you going to recognise you assaulted me? It’s a crime to assault an unaware woman. At what point did I give you consent? Not once.”

The victim, seventy-two, became an international feminist hero after she gave up her right to confidentiality in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said the defendant's unwillingness to take blame showed that: “The shame remains. The public is possibly in the process of that, perhaps propelled by the societal understanding brought by the exposure of your ordeal.”

Sie said Dogan’s claims of blamelessness showed how rape culture was still prevalent 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 told the defendant: “As long as you deny it, it’s not just a person, it’s an entire unpleasant cultural framework that you are endorsing.”

Personal History

The accused was born in the country of Turkey and at the age of 5 moved to France, where his father worked as a concierge. The court heard that his father was violent and that Dogan began using drugs aged 10. When he was 17 he was stopped by authorities for drug trafficking and his father evicted him the residence. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a laborer but had undergone periods of homelessness.

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 spouse did not know he had frequent extramarital activities outside their marriage. His legal team said this was his method of dealing with his difficult circumstances. Dogan had stated to a evaluator that each year he engaged in transactional encounters on his special day. His legal representatives stated to the court he had a medical condition resulting from the anxiety of the original case.