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A man was declared guilty on higher court review of sexually assaulting Gisèle Pelicot after she was sedated by her husband – and received his prison sentence extended to ten years.

Appeal Trial

Dogan, forty-four, an out-of-work construction worker, who had contested his initial guilty verdict last year, underwent a new trial this week at the Nîmes court of appeal.

A panel of four women and five men, sitting with three judges, found Dogan guilty on Thursday of raping Pelicot in her bedroom in Provence in the morning of June 29, 2019.

The testimony revealed that the accused, a married father, made contact with Gisèle Pelicot’s then husband, the husband, in an online chatroom titled “without her consent”, where Pelicot was seeking men to come to his home to assault his wife after he had drugged her into a deep sleep.

We expect the panel will declare that in this country, fundamental rights are also rights of women – that permission is individual, not delegated,” declared Gisèle Pelicot’s lawyer, her legal representative. “Agreement is obtained directly and not through someone else from a husband.”

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 drugging his wife at the time and soliciting numerous individuals to sexually assault her in her home in the community of Mazan over a duration of many years of their marriage.

Fifty other men were found convicted in a notable trial last year, and the appellant 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 10 years.

The state's attorney, Dominique Sie, had stated he should serve twelve years, because he “stubbornly rejects to take any blame”.

Testimony and Proof

The defendant had first sent Dominique Pelicot graphic images and then driven an hour from his residence in the region to rape Gisèle Pelicot, after telling his wife he was going out, the testimony revealed.

Pelicot, who was transported from solitary confinement in prison to temporarily provide testimony at the appeal trial, stated to the court that the accused had known his wife had been “sedated” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a central issue for a larger conversation on rape culture in society as the defendant continued to say he was innocent and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had invited him into the bedroom, his conduct had been permissible.

The panel in the higher court was displayed visual proof of the victim's unconscious figure, comatose and snoring in a deep sleep, while a grinning Dogan committed rape repeatedly over a duration of what authorities reported was 3.5 hours. The judge said she had been at peril of death by asphyxiation. The state's case said there was absolute certainty that she had been unconscious and had not consented.

Dogan's Claims

The defendant informed the court the footage were simply “sexual encounters” and rejected it was rape. He said what he did was “a consensual activity”, not rape. He told the court: “I am innocent of assault.” He said the victim's husband had brought him to the house, and therefore it was OK. He said he was deceived by the husband. “I attempted to cease,” the accused told the court. “I continued because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to injure that individual.”

Pelicot's Words

Gisèle Pelicot, who was cheered upon leaving court each day by onlookers assembled to back her, said to Dogan in court: “You haven’t understood. When are you going to recognise you assaulted me? It is illegal to assault an unaware woman. At what point did I give you agreement? At no time.”

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

State's Argument

Sie, turning to Gisèle Pelicot in court, said the defendant's failure to take blame showed that: “Guilt has not shifted. Society is possibly in the course of that, possibly driven by the collective awareness brought by the exposure of your situation.”

Sie said Dogan’s claims of non-guilt showed how societal tolerance was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “We need to change rape culture to a culture of consent.”

The prosecutor addressed the defendant: “While you refuse to admit it, it’s not just a woman, it’s an complete disturbing social system that you are upholding.”

Biographical Details

Dogan was originated from Turkey and at the age of five came to France, where his father worked as a concierge. The testimony revealed that his parent was violent and that the defendant began using drugs aged 10. When Dogan was seventeen he was caught by authorities for drug trafficking and his father kicked him out the family house. He spent time in prison for trafficking in his young adulthood and had worked as a construction worker but had undergone periods of homelessness.

He was wed and had a son with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The court heard his wife did not know he had regular sexual encounters beyond their union. His legal team said this was his method of dealing with his difficult circumstances. Dogan had informed a court psychologist that each year he engaged in paid sex on his special day. His lawyers stated to the court he had joint inflammation caused by the anxiety of the original case.