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An individual was convicted on appeal of sexually assaulting Gisèle Pelicot following she was sedated by her spouse – and received his jail term raised to a decade.

Retrial Proceedings

Dogan, 44, an unemployed builder, who had appealed his initial guilty verdict last year, faced a retrial this week at the higher court in Nîmes.

A jury of four women and five men, accompanied by three judges, ruled against Dogan on Thursday of raping Pelicot in her home in Provence in the early hours of June 29, 2019.

The evidence showed that Dogan, a married father, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an online chatroom titled “without her knowledge”, where the husband was looking for men to come to his home to assault his wife after he had drugged her into a comatose state.

We trust the panel will say loud and clear that in this nation, human rights are also women’s rights – that permission is individual, not delegated,” stated Gisèle Pelicot’s lawyer, her legal representative. “Permission is secured personally and not by proxy from a husband.”

Case History

The husband, a notorious sex offenders in France's contemporary records, was handed a sentence to 20 years in prison last year for sedating his spouse and bringing in dozens of men to rape her in her home in the Provence village of Mazan over a period of nearly ten years of their union.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and the appellant was the sole individual to appeal against his verdict. He was originally sentenced to nine years in prison, a punishment enhanced on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had argued he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Courtroom Details

Dogan had initially sent the husband graphic images and then traveled an hour from his town in the region to assault the victim, after notifying his wife he was going out, the testimony revealed.

Pelicot, who was brought from segregation in prison to briefly give evidence at the hearing, informed the court that Dogan had been aware his wife had been “drugged” and he told to men by phone: “I seek someone to assault my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a focus point for a broader debate on societal attitudes in society as Dogan continued to say he was blameless and had not engaged in violation, stating that because Gisèle Pelicot’s husband had invited him into the residence, his conduct had been acceptable.

The panel in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a unconscious condition, while a smiling Dogan committed rape on several occasions over a period of what police said was 3.5 hours. The presiding judge said she had been at risk of death by suffocation. The state prosecution said there was no doubt that she had been unconscious and had not consented.

Dogan's Claims

Dogan informed the court the videos were simply “sex scenes” and rejected it was assault. He said what he did was “a sexual act”, not assault. He stated the court: “I am innocent of assault.” He said the victim's husband had invited him to the house, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” Dogan stated to the court. “I proceeded because he convinced me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I did not intend to injure that woman.”

Pelicot's Words

The survivor, who was supported upon departing the trial each day by onlookers gathered to stand with her, addressed Dogan in court: “You do not grasp. When are you going to recognise you raped me? It is illegal to rape an unaware woman. When did I ever give you permission? At no time.”

The victim, seventy-two, became an global icon after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, addressing the victim in court, said Dogan’s failure to take blame showed that: “Shame has not yet changed sides. The public is possibly in the process of that, perhaps propelled by the collective awareness spurred by the revelation of your ordeal.”

The prosecutor said the defendant's claims of innocence showed how rape culture was still common in society as part of “outdated” forms of “male domination”. He said: “We need to change the culture of violence to a culture of consent.”

The prosecutor told Dogan: “For as much as you refuse to admit it, it’s not just a person, it’s an complete unpleasant cultural framework that you are endorsing.”

Personal History

The accused was originated from the country of Turkey and at the age of 5 relocated to the nation of France, where his father worked as a building manager. The testimony revealed that his father was aggressive and that the defendant began using drugs aged 10. When Dogan was 17 he was apprehended by authorities for selling narcotics and his father forced him to leave the residence. He served time in prison for narcotics offenses in his early 20s and had worked as a laborer but had faced periods of being unhoused.

He was married and had a son with Down’s syndrome, who he was the principal carer for, as his wife worked in a institution's dining hall. The testimony revealed his spouse did not know he had regular sexual encounters outside their marriage. His legal team said this was his method of dealing with his difficult circumstances. The defendant had stated to a court psychologist that once a year he sought transactional encounters on his birthday. His lawyers told the court he had arthritis resulting from the pressure of the original case.