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A man was convicted on higher court review of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her husband – and received his incarceration period increased to 10 years.

Appeal Trial

The defendant, forty-four, an out-of-work construction worker, who had contested his first conviction last year, faced a retrial this week at the Nîmes court of appeal.

A jury of nine jurors, sitting with three judges, ruled against Dogan on Thursday of raping Pelicot in her residence in southern France in the early hours of June 29, 2019.

The testimony revealed that the accused, a married father, reached out to the victim's husband at the time, 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 sedated her into a comatose state.

“We hope the court will say loud and clear that in this nation, fundamental rights are also rights of women – that agreement is individual, not delegated,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Permission is received directly and not by proxy from a spouse.”

Case History

The husband, among the most severe sexual predators in France's contemporary records, was given a prison term to twenty years in prison last year for sedating his spouse and inviting multiple perpetrators to sexually assault her in her home in the town of the village of Mazan over a span of nearly ten years of their union.

Dozens of additional defendants were found guilty in a widely publicized trial last year, and the appellant was the only man to contest his verdict. He was first given a sentence to 9 years in prison, a sentence enhanced on Thursday to ten years.

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

Testimony and Proof

Dogan had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in the region to assault the victim, after telling his wife he was leaving, the testimony revealed.

The ex-husband, who was transported from solitary confinement in prison to briefly give evidence at the hearing, told the court that Dogan had been aware his wife had been “incapacitated” and he communicated to men by phone: “I want someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

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

The jury in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a unconscious condition, while a smiling Dogan committed rape repeatedly over a period of what police said was 3.5 hours. The presiding judge said she had been at danger of fatal outcome by suffocation. The state prosecution said there was no doubt that she had been unaware and had not consented.

Accused's Testimony

Dogan informed the court the footage were simply “intimate moments” and disputed it was rape. He said what he did was “an intimate behavior”, not rape. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan told the court. “I proceeded because he convinced me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I did not intend to hurt that individual.”

Victim's Response

The victim, who was applauded upon leaving court each day by crowds assembled to back her, said to Dogan in court: “You do not grasp. When are you going to recognise you raped me? It is unlawful to assault an incapacitated woman. At what point did I give you consent? Not once.”

Gisèle Pelicot, 72, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said the defendant's refusal to take blame showed that: “Guilt has not shifted. The public is possibly in the midst of that, maybe motivated by the public consciousness spurred by the exposure of your case.”

Sie said Dogan’s claims of non-guilt showed how rape culture was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a culture of consent.”

The prosecutor told Dogan: “While you refuse to admit it, it’s not just a individual, it’s an entire sordid societal structure that you are upholding.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of 5 moved to France, where his parent worked as a concierge. The evidence indicated that his parent was violent and that Dogan began smoking cannabis at the age of 10. When he was 17 he was apprehended by police for drug trafficking and his father kicked him out of home. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a construction worker but had undergone periods of being unhoused.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his wife worked in a institution's dining hall. The testimony revealed his spouse did not know he had frequent intimate relations beyond their marriage. His legal team said this was his method of dealing with his stressful life. Dogan had stated to a evaluator that each year he looked for transactional encounters on his birthday. His lawyers informed the court he had joint inflammation resulting from the stress of the initial proceedings.