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A defendant was convicted on higher court review of raping Gisele Pelicot after she was drugged unconscious by her husband – and was given his prison sentence extended to a decade.

Higher Court Case

Dogan, forty-four, an unemployed builder, who had contested his first conviction last year, experienced a appeal hearing this week at the Nîmes court of appeal.

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

The testimony revealed that the accused, a married father, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom called “without her consent”, where the husband was looking for men to enter his residence to assault his wife once he had rendered her unconscious into a comatose state.

“We hope the court will declare that in this nation, human rights are also rights of women – that consent is individual, not transferred,” declared Gisèle Pelicot’s lawyer, her legal representative. “Consent is obtained personally and not via a representative from a spouse.”

Case History

The ex-husband, among the most severe sex offenders in France's contemporary records, was sentenced to two decades in prison last year for sedating his wife at the time and inviting numerous individuals to sexually assault her in her home in the town of the village of Mazan over a span of almost a decade of their union.

Numerous other individuals were found guilty in a widely publicized trial last year, and the appellant was the single defendant to appeal against his verdict. He was first given a sentence to nine years in prison, a sentence increased on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had contended he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Evidence Presented

Dogan had first sent the husband inappropriate pictures and then driven an hour from his residence in Provence to assault Gisèle Pelicot, after notifying his wife he was stepping out, the court heard.

Pelicot, who was transported from solitary confinement in prison to temporarily testify at the hearing, told the court that the accused had known his wife had been “incapacitated” and he said to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a central issue for a broader debate on rape culture in society as the defendant continued to say he was blameless and had not committed rape, stating that because the victim's husband had invited him into the room, his conduct had been acceptable.

The panel in the Nîmes appeals court was shown visual proof of Gisèle Pelicot’s limp body, sedated and breathing heavily in a comatose state, while a grinning Dogan committed rape on several occasions over a duration of what police said was three and a half hours. The court official said she had been at danger of fatal outcome by suffocation. The prosecution said there was no question that she had been incapacitated and had not given permission.

Defendant's Statements

The defendant informed the court the footage were simply “intimate moments” and disputed it was violation. He said what he did was “a consensual activity”, not rape. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I attempted to cease,” Dogan informed the court. “I continued because he convinced me.”

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

Victim's Response

The survivor, who was applauded upon leaving court each day by supporters gathered to stand with her, said to the defendant in court: “You do not grasp. When will you admit you violated me? It is unlawful to rape an unaware woman. At what point did I give you permission? Never.”

The victim, 72, became an global icon after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s failure to take accountability showed that: “Shame has not yet changed sides. Society is possibly in the midst of that, perhaps motivated by the collective awareness spurred by the revelation of your case.”

The prosecutor said the defendant's claims of innocence showed how normalized violence was still widespread in society as part of “archaic” forms of “gender-based power”. He said: “We need to change rape culture to a ethos of permission.”

The prosecutor addressed Dogan: “While you reject it, it’s not just a individual, it’s an whole disturbing cultural framework that you are upholding.”

Personal History

Dogan was born in the country of Turkey and at the age of 5 relocated to France, where his father worked as a building manager. The evidence indicated that his father was abusive and that Dogan began smoking cannabis at the age of 10. When Dogan was 17 he was caught by authorities for drug trafficking and his father evicted him the family house. He served time in prison for trafficking in his early 20s and had worked as a construction worker but had undergone periods of homelessness.

He was wed and had a son with special needs, who he was the primary guardian for, as his wife worked in a school canteen. The court heard his spouse did not know he had repeated extramarital activities outside their marriage. His legal team said this was his method of dealing with his challenging existence. The defendant had stated to a evaluator that annually he engaged in commercial sex on his birthday. His attorneys told the court he had a medical condition resulting from the stress of the initial proceedings.