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An individual has been found guilty on appeal of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her husband – and has had his jail term extended to a decade.

Higher Court Case

Dogan, forty-four, an unemployed builder, who had contested his initial guilty verdict last year, underwent a appeal hearing this week at the appeals court in Nîmes.

A jury of four women and five men, sitting with three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in Provence in the early hours of 29 June 2019.

The court heard that the accused, a family man, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum called “unbeknownst to her”, where the husband was looking for men to visit his house to assault his wife once he had sedated her into a comatose state.

“We hope the court will declare that in this society, fundamental rights are also rights of women – that agreement is personal, not given by another,” declared Gisèle Pelicot’s attorney, her legal representative. “Agreement is secured personally and not through someone else from a husband.”

Case History

The ex-husband, a notorious sexual predators in recent French history, was handed a sentence to 20 years in prison last year for incapacitating his then wife and inviting numerous individuals to sexually assault her in her home in the community of the village of Mazan over a span of almost a decade of their union.

Fifty other men were found convicted in a high-profile trial last year, and the appellant was the sole individual to contest his verdict. He was initially given a sentence to nine years in prison, a sentence enhanced on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had stated he should serve twelve years, because he “completely denies to take any accountability”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot graphic images and then driven an hour from his village in Provence to assault the victim, after notifying his wife he was going out, the evidence indicated.

The ex-husband, who was transported from solitary confinement in prison to temporarily provide testimony at the hearing, stated to the court that the accused had understood his wife had been “sedated” and he communicated to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious without her consent.”

The trial became a key topic for a broader debate on sexual violence norms in society as the defendant continued to say he was not guilty and had not engaged in violation, stating that because the victim's husband had welcomed him into the residence, his conduct had been permissible.

The panel in the higher court was presented with video evidence of Gisèle Pelicot’s limp body, sedated and snoring in a deep sleep, while a smiling Dogan committed rape repeatedly over a duration of what authorities reported was three and a half hours. The presiding judge said she had been at peril of fatal outcome by asphyxiation. The prosecution said there was absolute certainty that she had been unaware and had not given permission.

Defendant's Statements

Dogan stated to the court the footage were simply “intimate moments” and disputed it was assault. He said what he did was “a consensual activity”, not assault. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was OK. He said he was deceived by the husband. “I wanted to stop,” the accused told the court. “I continued because he persuaded me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I had no desire to hurt that individual.”

Survivor's Statement

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by supporters gathered to back her, said to Dogan in court: “You do not grasp. When will you admit you assaulted me? It is unlawful to assault an unconscious woman. When did I ever give you permission? Not once.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she gave up her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's unwillingness to take blame showed that: “The shame remains. The public is possibly in the course of that, perhaps driven by the societal understanding brought by the exposure of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a society based on agreement.”

The prosecutor told Dogan: “As long as you deny it, it’s not just a individual, it’s an whole unpleasant societal structure that you are supporting.”

Personal History

The accused was originated from the country of Turkey and at the age of 5 moved to the nation of France, where his parent worked as a building manager. The testimony revealed that his father was violent and that Dogan began consuming marijuana aged 10. When he was seventeen he was stopped by authorities for dealing drugs and his parent kicked him out the residence. He was incarcerated in prison for trafficking in his young adulthood and had worked as a laborer but had undergone periods of living on the streets.

He was married and had a child with special needs, who he was the principal carer for, as his wife worked in a school canteen. The evidence showed his wife did not know he had repeated sexual encounters outside their marriage. His legal team said this was his way of coping with his stressful life. Dogan had informed a court psychologist that once a year he looked for transactional encounters on his birthday. His legal representatives informed the court he had arthritis resulting from the stress of the original case.