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An individual was declared guilty on appeal of sexually assaulting Gisele Pelicot after she was sedated by her then-husband – and has had his incarceration period extended to 10 years.

Higher Court Case

The defendant, forty-four, an out-of-work construction worker, who had challenged his first conviction last year, faced a retrial this week at the higher court in Nîmes.

A jury of nine jurors, joined by three judges, convicted Dogan on Thursday of raping Pelicot in her home in southern France in the early hours of June 29, 2019.

The testimony revealed that Dogan, a family man, reached out to Gisèle Pelicot’s then husband, the husband, in an digital platform titled “without her knowledge”, where Pelicot was recruiting men to come to his home to assault his wife after he had drugged her into a unconscious state.

“We hope the court will affirm that in this society, fundamental rights are also rights of women – that permission is individual, not transferred,” stated the victim's lawyer, her legal representative. “Agreement is obtained directly and not through someone else from a spouse.”

Case History

The husband, among the most severe sexual predators in modern French history, was sentenced to twenty years in prison last year for incapacitating his wife at the time and bringing in numerous individuals to rape her in her home in the town of Mazan over a period of nearly ten years of their marriage.

Fifty other men were found guilty in a high-profile trial last year, and Dogan was the only man to challenge his verdict. He was initially sentenced to 9 years in prison, a punishment increased on Thursday to a decade.

The state's attorney, Dominique Sie, had stated he should serve 12 years, because he “completely denies to take any blame”.

Courtroom Details

The defendant had first sent the husband inappropriate pictures and then driven an hour from his town in the region to assault the victim, after notifying his wife he was going out, the evidence indicated.

The ex-husband, who was transported from solitary confinement in prison to temporarily give evidence at the retrial, stated to the court that the accused had been aware his wife had been “drugged” and he communicated to men by phone: “I want someone to violate my wife after I’ve sedated her without her knowledge.”

The courtroom became a key topic for a wider discussion on sexual violence norms in society as Dogan continued to assert he was blameless and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had invited him into the bedroom, his actions had been permissible.

The panel in the higher court was displayed video evidence of Gisèle Pelicot’s unresponsive form, sedated and snoring in a unconscious condition, while a smiling Dogan engaged in violation multiple times over a duration of what police said was three and a half hours. The presiding judge said she had been at danger of death by suffocation. The state's case said there was no question that she had been unconscious and had not agreed.

Dogan's Claims

Dogan stated to the court the footage were simply “sexual encounters” and disputed it was violation. He said what he did was “a consensual activity”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I carried on because he reassured me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I had no desire to harm that individual.”

Survivor's Statement

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 raped me? It’s a crime to assault an incapacitated woman. At what point did I give you permission? Never.”

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

State's Argument

The prosecutor, turning to the victim in court, said Dogan’s unwillingness to take responsibility showed that: “Guilt has not shifted. The community is possibly in the course of that, possibly motivated by the public consciousness resulting from the exposure of your case.”

Sie said the defendant's claims of innocence showed how normalized violence was still prevalent in society as part of “outdated” forms of “male domination”. He said: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor addressed the defendant: “While you refuse to admit it, it’s not just a individual, it’s an complete unpleasant cultural framework that you are supporting.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of five moved to the nation of France, where his parent worked as a caretaker. The court heard that his parent was aggressive and that the defendant began smoking cannabis at the age of 10. When he was 17 he was stopped by police for drug trafficking and his parent kicked him out the family house. He served time in prison for narcotics offenses in his twenties and had worked as a laborer but had experienced periods of living on the streets.

He was married and had a son with a genetic condition, who he was the principal carer for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had frequent extramarital activities outside their marriage. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had stated to a court psychologist that once a year he looked for paid sex on his birthday. His lawyers informed the court he had a medical condition caused by the stress of the original case.