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A defendant was declared guilty on higher court review of sexually assaulting Gisele Pelicot after she was drugged unconscious by her spouse – and has had his incarceration period increased to ten years.

Higher Court Case

Dogan, forty-four, an unemployed builder, who had contested his first conviction last year, underwent a new trial this week at the higher court in Nîmes.

A panel of nine jurors, accompanied by three judges, found Dogan guilty on Thursday of raping Pelicot in her bedroom in Provence in the early hours of June 29, 2019.

The evidence showed that the accused, a family man, made contact with the victim's spouse, Dominique Pelicot, in an internet forum called “unbeknownst to her”, where the husband was looking for men to enter his residence to assault his wife once he had rendered her unconscious into a unconscious state.

We trust the jury will affirm that in this country, human rights are also women’s rights – that consent is individual, not delegated,” declared the victim's attorney, her legal representative. “Permission is obtained personally and not via a representative from a husband.”

Case History

The husband, one of the worst sex offenders in recent French history, was given a prison term to 20 years in prison last year for sedating his spouse and inviting multiple perpetrators to sexually assault her in her home in the community of Mazan over a span of many years of their marriage.

Dozens of additional defendants were found guilty in a high-profile trial last year, and the appellant was the single defendant to appeal against his sentence. He was first given a sentence to nine years in prison, a penalty raised on Thursday to ten years.

The state's attorney, the prosecutor, had contended he should serve twelve years, because he “completely denies to take any responsibility”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his town in Provence to rape the victim, after telling his wife he was leaving, the evidence indicated.

Pelicot, who was brought from solitary confinement in prison to briefly testify at the appeal trial, told the court that the accused had been aware his wife had been “incapacitated” and he told to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a central issue for a larger conversation on societal attitudes in society as the defendant continued to claim he was blameless and had not perpetrated assault, stating that because the victim's husband had welcomed him into the room, his behavior had been permissible.

The jury in the higher court was shown recorded footage of the victim's unresponsive form, sedated and snoring in a comatose state, while a grinning the perpetrator performed assault on several occasions over a period of what investigators stated was three and a half hours. The judge said she had been at danger of death by suffocation. The state prosecution said there was absolute certainty that she had been unconscious and had not given permission.

Dogan's Claims

The defendant stated to the court the videos were simply “intimate moments” and rejected it was rape. He said what he did was “a consensual activity”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I wanted to stop,” Dogan stated to the court. “I proceeded because he convinced me.”

Asked if he wanted to make a last words to the court, Dogan said: “I had no desire to harm that lady.”

Survivor's Statement

Gisèle Pelicot, who was applauded upon leaving court each day by onlookers present to back her, said to Dogan in court: “You do not grasp. When will you admit you assaulted me? It is illegal to assault an unaware woman. At what point did I give you permission? At no time.”

The victim, 72, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, speaking to the victim in court, said the defendant's unwillingness to take responsibility showed that: “Shame has not yet changed sides. Society is maybe in the midst of that, perhaps motivated by the public consciousness resulting from the exposure of your ordeal.”

Sie said the defendant's claims of innocence showed how rape culture was still widespread in society as part of “archaic” forms of “gender-based power”. He said: “Now we must change rape culture to a society based on agreement.”

Sie said to the defendant: “As long as you deny it, it’s not just a woman, it’s an whole sordid societal structure that you are supporting.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of five moved to France, where his parent worked as a building manager. The court heard that his parent was aggressive and that the defendant began consuming marijuana at the age of 10. When Dogan was seventeen he was stopped by authorities for selling narcotics and his father forced him to leave the family house. He spent time in prison for narcotics offenses in his early 20s and had worked as a construction worker but had faced periods of homelessness.

He was married and had a child with Down’s syndrome, who he was the principal carer for, as his wife worked in a educational cafeteria. The court heard his wife did not know he had regular extramarital activities beyond their union. His defence said this was his method of dealing with his challenging existence. The defendant had told a mental health expert that each year he engaged in paid sex on his special day. His attorneys informed the court he had joint inflammation caused by the anxiety of the original case.