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An individual was convicted on appeal of sexually assaulting Gisele Pelicot following she was drugged unconscious by her spouse – and was given his prison sentence raised to a decade.

Retrial Proceedings

Dogan, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, experienced a new trial this week at the Nîmes court of appeal.

A jury of five men and four women, joined by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her bedroom in southern France in the morning of June 29, 2019.

The evidence showed that the accused, a married father, made contact with the victim's spouse, Dominique Pelicot, in an digital platform named “unbeknownst to her”, where the husband was seeking men to visit his house to assault his wife after he had drugged her into a deep sleep.

We trust the panel will declare that in this nation, fundamental rights are also rights of women – that permission is personal, not delegated,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is secured personally and not through someone else from a spouse.”

Case History

The husband, one of the worst sexual predators in France's contemporary records, was given a prison term to two decades in prison last year for incapacitating his spouse and bringing in dozens of men to rape her in her home in the Provence village of the village of Mazan over a period of nearly ten years of their marriage.

Numerous other individuals were found guilty in a high-profile trial last year, and the appellant was the only man to contest his verdict. He was initially handed a term to 9 years in prison, a penalty enhanced on Thursday to ten years.

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

Courtroom Details

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

The ex-husband, who was brought from isolation in prison to temporarily give evidence at the appeal trial, informed the court that the accused had been aware his wife had been “sedated” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a central issue for a wider discussion on sexual violence norms in society as Dogan continued to claim he was not guilty and had not engaged in violation, contending that because Gisèle Pelicot’s husband had allowed him into the bedroom, his actions had been permissible.

The jury in the Nîmes appeals court was presented with video evidence of Gisèle Pelicot’s limp body, comatose and snoring in a comatose state, while a grinning the perpetrator committed rape multiple times over a period of what police said was several hours. The presiding judge said she had been at risk of fatal outcome by suffocation. The state's case said there was absolute certainty that she had been unconscious and had not consented.

Accused's Testimony

The defendant informed the court the videos were simply “sexual encounters” and disputed it was violation. He said what he did was “an intimate behavior”, not assault. He stated the court: “I never raped.” He said the victim's husband had brought him to the home, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan stated to the court. “I carried on because he convinced me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I did not intend to injure that woman.”

Survivor's Statement

The survivor, who was applauded upon leaving court each day by crowds assembled to support her, told Dogan in court: “You do not grasp. When will you admit you raped me? It’s a crime to rape an unaware woman. How could I have give you agreement? At no time.”

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

Prosecutor's Remarks

The prosecutor, addressing the victim in court, said Dogan’s unwillingness to take blame showed that: “Guilt has not shifted. The community is maybe in the midst of that, perhaps driven by the societal understanding resulting from the revelation of your situation.”

Sie said the defendant's claims of blamelessness showed how rape culture was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “We need to change the culture of violence to a society based on agreement.”

The prosecutor addressed the defendant: “As long as you deny it, it’s not just a individual, it’s an entire unpleasant societal structure that you are endorsing.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a concierge. The evidence indicated that his parent was aggressive and that Dogan began smoking cannabis aged ten. When he was seventeen he was caught by authorities for selling narcotics and his father kicked him out of home. He was incarcerated 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 a genetic condition, who he was the main caregiver for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had repeated intimate relations beyond their union. His legal team said this was his strategy for managing with his stressful life. Dogan had told a court psychologist that each year he looked for paid sex on his special day. His lawyers stated to the court he had arthritis resulting from the pressure of the initial proceedings.