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A man was convicted on appeal of sexually assaulting Gisèle Pelicot following she was sedated by her spouse – and was given his prison sentence extended to 10 years.

Appeal Trial

The defendant, 44, an unemployed builder, who had contested his initial guilty verdict last year, underwent a retrial this week at the Nîmes court of appeal.

A panel of four women and five men, sitting with three judges, convicted Dogan on Thursday of sexually assaulting the victim in her bedroom in southern France in the morning of June 29, 2019.

The court heard that the accused, a married father, connected with Gisèle Pelicot’s spouse, the husband, in an internet forum called “without her consent”, where Pelicot was looking for men to visit his house to rape his wife once he had rendered her unconscious into a comatose state.

We trust the panel will declare that in this society, fundamental rights are also women’s rights – that agreement is individual, not given by another,” stated the victim's lawyer, Antoine Camus. “Consent is secured directly and not via a representative from a husband.”

Case History

The husband, one of the worst sexual predators in France's contemporary records, was handed a sentence to two decades in prison last year for incapacitating his wife at the time and soliciting multiple perpetrators to sexually assault her in her home in the community of the village of Mazan over a duration of many years of their marriage.

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

The state's attorney, the prosecutor, had stated he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

Dogan had first sent the husband inappropriate pictures and then driven an hour from his town in Provence to assault Gisèle Pelicot, after informing his wife he was going out, the court heard.

The ex-husband, who was transported from segregation in prison to temporarily provide testimony at the retrial, informed the court that Dogan had known his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to assault my wife after I’ve sedated her without her knowledge.”

The proceedings became a key topic for a wider discussion on rape culture in society as the defendant continued to claim he was not guilty and had not engaged in violation, arguing that because the victim's husband had allowed him into the residence, his actions had been justifiable.

The jury in the higher court was presented with video evidence of Gisèle Pelicot’s unresponsive form, comatose and breathing heavily in a deep sleep, while a smiling Dogan engaged in violation on several occasions over a timeframe of what police said was 3.5 hours. The judge said she had been at peril of fatal outcome by asphyxiation. The prosecution said there was no doubt that she had been incapacitated and had not consented.

Dogan's Claims

Dogan stated to the court the recordings were simply “sexual encounters” and rejected it was rape. He said what he did was “a consensual activity”, not rape. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused stated to the court. “I proceeded because he convinced me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to hurt that lady.”

Victim's Response

The survivor, who was applauded upon exiting the courtroom each day by crowds assembled to back her, told Dogan in court: “You fail to comprehend. When will you admit you violated me? It’s a crime to rape an incapacitated woman. How could I have give you agreement? Never.”

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

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “The shame remains. The community is possibly in the midst of that, maybe propelled by the collective awareness spurred by the revelation of your ordeal.”

The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change rape culture to a ethos of permission.”

The prosecutor addressed Dogan: “While you deny it, it’s not just a individual, it’s an entire sordid societal structure that you are endorsing.”

Biographical Details

Dogan was originated from Turkey and at the age of 5 relocated to France, where his father worked as a building manager. The testimony revealed that his parent was aggressive and that the defendant began smoking cannabis at the age of ten. When Dogan was seventeen he was stopped by authorities for selling narcotics and his parent forced him to leave the residence. He was incarcerated in prison for drug dealing in his twenties and had worked as a builder but had experienced periods of homelessness.

He was married and had a son with a genetic condition, who he was the main caregiver for, as his spouse worked in a school canteen. The court heard his spouse did not know he had regular sexual encounters outside their marriage. His defence said this was his method of dealing with his difficult circumstances. The defendant had informed a court psychologist that annually he looked for transactional encounters on his birthday. His attorneys stated to the court he had a medical condition triggered by the anxiety of the initial proceedings.