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A defendant has been found guilty on appeal of sexually assaulting Gisèle Pelicot after she was sedated by her husband – and was given his prison sentence raised to ten years.

Retrial Proceedings

Dogan, forty-four, an out-of-work construction worker, who had appealed his initial guilty verdict last year, experienced 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 the victim in her home in southern France in the morning of 29 June 2019.

The evidence showed that Dogan, a family man, made contact with Gisèle Pelicot’s then husband, the husband, in an digital platform called “unbeknownst to her”, where the husband was recruiting men to visit his house to assault his wife after he had rendered her unconscious into a comatose state.

“We hope the jury will declare that in this society, human rights are also women’s rights – that agreement is individual, not transferred,” declared the victim's attorney, her legal representative. “Permission is received personally and not through someone else from a spouse.”

Case History

The husband, a notorious sexual predators in recent French history, was sentenced to 20 years in prison last year for drugging his then wife and bringing in multiple perpetrators to rape her in her home in the Provence village of Mazan over a span of nearly ten years of their marriage.

Numerous other individuals were found convicted in a notable trial last year, and the appellant was the sole individual to appeal against his conviction. He was initially given a sentence to 9 years in prison, a penalty enhanced on Thursday to ten years.

The state's attorney, Dominique Sie, had contended he should serve 12 years, because he “absolutely refuses to take any blame”.

Testimony and Proof

The defendant had first sent the husband inappropriate pictures and then traveled an hour from his town in Provence to assault the victim, after informing his wife he was leaving, the evidence indicated.

Pelicot, who was brought from solitary confinement in prison to temporarily testify at the appeal trial, informed the court that Dogan had understood his wife had been “drugged” and he told to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a key topic for a wider discussion on rape culture in society as the defendant continued to assert he was blameless and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his behavior had been acceptable.

The panel in the higher court was shown visual proof of Gisèle Pelicot’s unresponsive form, sedated and snoring in a deep sleep, while a smiling the perpetrator performed assault repeatedly over a period of what police said was several hours. The judge said she had been at peril of death by suffocation. The prosecution said there was no question that she had been incapacitated and had not given permission.

Defendant's Statements

The defendant stated to the court the footage were simply “sexual encounters” and rejected it was assault. He said what he did was “an intimate behavior”, not assault. He told 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 attempted to cease,” Dogan told the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I did not intend to harm that lady.”

Survivor's Statement

The victim, who was cheered upon exiting the courtroom each day by crowds gathered to stand with her, said to the defendant in court: “You haven’t understood. When are you going to recognise you violated me? It’s a crime to rape an unconscious woman. How could I have give you permission? At no time.”

The victim, seventy-two, 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

Sie, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take responsibility showed that: “The shame remains. The community is maybe in the course of that, possibly driven by the societal understanding resulting from the exposure of your situation.”

Sie said the defendant's claims of non-guilt showed how societal tolerance was still widespread in society as part of “archaic” forms of “patriarchal control”. He said: “Now we must change rape culture to a culture of consent.”

Sie told Dogan: “While you reject it, it’s not just a person, it’s an complete disturbing social system that you are endorsing.”

Biographical Details

Dogan was born in Turkey and at the age of 5 came to the nation of France, where his parent worked as a caretaker. The evidence indicated that his father was aggressive and that Dogan began consuming marijuana at the age of 10. When he was seventeen he was stopped by authorities for selling narcotics and his father evicted him the residence. He spent time in prison for narcotics offenses in his twenties and had worked as a builder but had experienced periods of homelessness.

He was married and had a child with a genetic condition, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The court heard his wife did not know he had repeated intimate relations beyond their marriage. His legal team said this was his strategy for managing with his stressful life. The defendant had informed a mental health expert that annually he looked for transactional encounters on his special day. His legal representatives stated to the court he had joint inflammation caused by the stress of the initial proceedings.