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A man was declared guilty on retrial of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her spouse – and was given his jail term increased to ten years.

Higher Court Case

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

A jury of five men and four women, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in Provence in the morning of 29 June 2019.

The evidence showed that Dogan, a married father, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an internet forum named “without her knowledge”, where the husband was seeking men to enter his residence to rape his wife after he had drugged her into a deep sleep.

“We hope the panel will say loud and clear that in this nation, fundamental rights are also women’s rights – that consent is individual, not given by another,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is secured directly and not via a representative from a husband.”

Case History

The ex-husband, a notorious sexual predators in modern French history, was handed a sentence to twenty years in prison last year for sedating his spouse and soliciting numerous individuals to rape her in her home in the Provence village of Mazan over a period of many years of their marriage.

Dozens of additional defendants were found culpable in a high-profile trial last year, and the appellant was the sole individual to appeal against his conviction. He was initially given a sentence to nine years in prison, a penalty raised on Thursday to 10 years.

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

Testimony and Proof

Dogan had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his village in the region to rape Gisèle Pelicot, after telling his wife he was stepping out, the testimony revealed.

The ex-husband, who was brought from segregation in prison to temporarily testify at the retrial, told the court that the accused had understood his wife had been “sedated” and he told to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a central issue for a larger conversation on societal attitudes in society as the defendant continued to claim he was blameless and had not committed rape, contending that because the victim's husband had allowed him into the room, his actions had been justifiable.

The panel in the higher court was shown recorded footage of Gisèle Pelicot’s unresponsive form, sedated and snoring in a unconscious condition, while a smiling the perpetrator engaged in violation multiple times over a timeframe of what authorities reported was several hours. The presiding judge said she had been at peril of fatal outcome by suffocation. The state's case said there was no question that she had been unconscious and had not agreed.

Defendant's Statements

Dogan told the court the videos were simply “sexual encounters” and disputed it was rape. He said what he did was “a sexual act”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I attempted to cease,” Dogan stated to the court. “I continued because he convinced me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I never wanted to harm that woman.”

Victim's Response

The victim, who was applauded upon departing the trial each day by supporters assembled to back her, said to Dogan in court: “You fail to comprehend. When will you admit you assaulted me? It is illegal to assault an unaware woman. How could I have give you agreement? At no time.”

The victim, 72, became an global icon after she gave up her right to privacy in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, addressing the victim in court, said the defendant's unwillingness to take blame showed that: “Shame has not yet changed sides. Society is perhaps in the process of that, perhaps motivated by the public consciousness resulting from the revelation of your situation.”

Sie said Dogan’s claims of blamelessness showed how rape culture was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

Sie told the defendant: “For as much as you deny it, it’s not just a person, it’s an entire disturbing social system that you are supporting.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of 5 came to France, where his father worked as a caretaker. The court heard that his father was violent and that the defendant began consuming marijuana at the age of ten. When Dogan was 17 he was caught by authorities for dealing drugs and his father forced him to leave the family house. He spent time in prison for drug dealing in his twenties and had worked as a construction worker but had experienced periods of living on the streets.

He was married and had a son with special needs, who he was the main caregiver for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had repeated intimate relations outside their union. His legal team said this was his strategy for managing with his stressful life. The defendant had informed a court psychologist that once a year he looked for transactional encounters on his birthday. His lawyers informed the court he had joint inflammation caused by the pressure of the original case.