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An individual was convicted on appeal of raping Gisele Pelicot following she was drugged unconscious by her spouse – and was given his jail term increased to 10 years.

Appeal Trial

The defendant, 44, an unemployed builder, who had contested his initial guilty verdict last year, faced a appeal hearing this week at the appeals court in Nîmes.

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

The testimony revealed that the accused, a family man, made contact with the victim's spouse, Dominique Pelicot, in an internet forum named “unbeknownst to her”, where Pelicot was looking for men to come to his home to assault his wife once he had rendered her unconscious into a comatose state.

“We hope the court will declare that in this nation, fundamental rights are also women’s rights – that agreement is individual, not transferred,” declared the victim's attorney, Antoine Camus. “Agreement is received directly and not by proxy from a spouse.”

Case History

Dominique Pelicot, among the most severe sexual predators in France's contemporary records, was sentenced to two decades in prison last year for incapacitating his then wife and inviting numerous individuals to rape her in her home in the community of Mazan over a duration of nearly ten years of their union.

Numerous other individuals were found convicted in a notable trial last year, and Dogan was the only man to challenge his sentence. He was initially given a sentence to 9 years in prison, a punishment enhanced on Thursday to a decade.

The chief prosecutor, Dominique Sie, had stated he should serve twelve years, because he “completely denies to take any accountability”.

Testimony and Proof

The defendant had initially sent the husband inappropriate pictures and then traveled an hour from his residence in the region to rape Gisèle Pelicot, after informing his wife he was stepping out, the evidence indicated.

Pelicot, who was transported from solitary confinement in prison to briefly give evidence at the hearing, informed the court that the accused had understood his wife had been “sedated” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a central issue for a broader debate on societal attitudes in society as Dogan continued to assert he was blameless and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had allowed him into the residence, his conduct had been justifiable.

The jury in the higher court was shown recorded footage of Gisèle Pelicot’s unresponsive form, comatose and snoring in a deep sleep, while a smiling Dogan engaged in violation multiple times over a timeframe of what authorities reported was three and a half hours. The presiding judge said she had been at danger of death by choking. The prosecution said there was no question that she had been unconscious and had not consented.

Defendant's Statements

Dogan informed the court the recordings were simply “intimate moments” and rejected it was assault. He said what he did was “a consensual activity”, not assault. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused told 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 harm that lady.”

Pelicot's Words

The victim, who was supported upon exiting the courtroom each day by supporters assembled to stand with her, addressed the defendant in court: “You haven’t understood. When are you going to recognise you violated me? It’s a crime to assault an incapacitated woman. When did I ever give you permission? Never.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she waived 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 refusal to take blame showed that: “Shame has not yet changed sides. The public is possibly in the midst of that, perhaps motivated by the public consciousness spurred by the exposure of your ordeal.”

The prosecutor said Dogan’s claims of non-guilt showed how normalized violence was still widespread in society as part of “old-fashioned” forms of “gender-based power”. He said: “Now we must change rape culture to a culture of consent.”

Sie told the defendant: “For as much as you deny it, it’s not just a person, it’s an complete disturbing cultural framework that you are upholding.”

Personal History

Dogan was born in the country of Turkey and at the age of five came to France, where his parent worked as a caretaker. The court heard that his parent was violent and that the defendant began consuming marijuana aged ten. When he was seventeen he was apprehended by authorities for selling narcotics and his parent forced him to leave of home. He spent time in prison for drug dealing in his early 20s and had worked as a builder but had faced periods of living on the streets.

He was married and had a child with a genetic condition, who he was the primary guardian for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had repeated extramarital activities beyond their union. His defence said this was his method of dealing with his challenging existence. Dogan had told a evaluator that each year he sought paid sex on his birthday. His legal representatives told the court he had joint inflammation caused by the anxiety of the first trial.