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

Appeal Trial

Dogan, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, experienced a new trial this week at the higher court in Nîmes.

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

The testimony revealed that Dogan, a married father, made contact with Gisèle Pelicot’s then husband, the husband, in an digital platform called “without her consent”, where the husband was seeking men to visit his house to rape his wife once he had sedated her into a comatose state.

“We hope the panel will say loud and clear that in this nation, human rights are also rights of women – that agreement is individual, not delegated,” stated Gisèle Pelicot’s lawyer, her legal representative. “Consent is obtained directly and not by proxy from a husband.”

Case History

The husband, one of the worst sexual predators in modern French history, was handed a sentence to two decades in prison last year for incapacitating his wife at the time and inviting multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a duration of nearly ten years of their marriage.

Dozens of additional defendants were found culpable in a notable trial last year, and Dogan was the sole individual to contest his sentence. He was originally given a sentence to 9 years in prison, a penalty raised on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had argued he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

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

Pelicot, who was transported from isolation in prison to briefly testify at the retrial, stated to the court that the accused had known his wife had been “drugged” and he told 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 wider discussion on rape culture in society as Dogan continued to say he was blameless and had not committed rape, arguing that because Gisèle Pelicot’s husband had invited him into the bedroom, his conduct had been acceptable.

The jury in the Nîmes appeals court was displayed recorded footage of the victim's unresponsive form, comatose and snoring in a comatose state, while a smiling the perpetrator performed assault repeatedly over a period of what investigators stated was several hours. The court official said she had been at peril of death by choking. The prosecution said there was no doubt that she had been incapacitated and had not consented.

Dogan's Claims

The defendant informed the court the footage were simply “sexual encounters” and denied it was assault. He said what he did was “a sexual act”, not rape. He stated the court: “I am innocent of assault.” He said the victim's husband had allowed him to the residence, and therefore it was OK. He said he was influenced by the husband. “I tried to halt,” Dogan informed the court. “I continued because he convinced me.”

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

Victim's Response

Gisèle Pelicot, who was cheered upon departing the trial each day by supporters assembled to support her, told Dogan in court: “You do not grasp. When are you going to recognise you raped me? It’s a crime to rape an unaware woman. How could I have give you permission? At no time.”

Gisèle Pelicot, 72, became an symbol of resistance after she relinquished her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s refusal to take blame showed that: “Shame has not yet changed sides. The community is maybe in the process of that, possibly motivated by the societal understanding brought by the exposure of your situation.”

The prosecutor said Dogan’s claims of innocence showed how normalized violence was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “We need to change the culture of violence to a ethos of permission.”

Sie said to Dogan: “While you refuse to admit it, it’s not just a woman, it’s an whole sordid societal structure that you are supporting.”

Biographical Details

Dogan was born in Turkey and at the age of five moved to the nation of France, where his father worked as a concierge. The court heard that his parent was aggressive and that Dogan began using drugs at the age of ten. When Dogan was 17 he was apprehended by police for drug trafficking and his father evicted him the family house. He served time in prison for narcotics offenses in his young adulthood and had worked as a builder but had experienced periods of living on the streets.

He was married and had a child with special needs, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The testimony revealed his spouse did not know he had frequent sexual encounters beyond their union. His defence said this was his strategy for managing with his stressful life. Dogan had told a evaluator that annually he looked for transactional encounters on his birthday. His lawyers informed the court he had arthritis resulting from the anxiety of the first trial.