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A defendant was declared guilty on higher court review of sexually assaulting Gisèle Pelicot after she was sedated by her spouse – and has had his incarceration period increased to ten years.

Appeal Trial

The defendant, forty-four, an unemployed builder, who had challenged his first conviction last year, underwent a new trial this week at the appeals court in Nîmes.

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

The evidence showed that Dogan, a family man, reached out to the victim's then husband, Dominique Pelicot, in an online chatroom called “without her consent”, where Pelicot was looking for men to come to his home to assault his wife once he had drugged her into a deep sleep.

We trust the jury will declare that in this nation, human rights are also women’s rights – that consent is individual, not delegated,” stated the victim's lawyer, her legal representative. “Agreement is received directly and not by proxy from a husband.”

Case History

Dominique Pelicot, among the most severe sexual predators in modern French history, was given a prison term to 20 years in prison last year for incapacitating his then wife and inviting numerous individuals to rape her in her home in the Provence village of the village of Mazan over a span of almost a decade of their marriage.

Fifty other men were found convicted in a high-profile trial last year, and Dogan was the sole individual to appeal against his conviction. He was first sentenced to nine years in prison, a penalty increased on Thursday to a decade.

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

Courtroom Details

Dogan had initially sent the husband inappropriate pictures and then traveled an hour from his residence in Provence to rape the victim, after informing his wife he was stepping out, the testimony revealed.

The ex-husband, who was transported from segregation in prison to briefly provide testimony at the appeal trial, told the court that the accused had been aware his wife had been “incapacitated” and he said to men by phone: “I want someone to violate my wife after I’ve put her to sleep without her consent.”

The courtroom became a central issue for a broader debate on rape culture in society as the defendant continued to assert he was blameless and had not engaged in violation, contending that because the victim's husband had allowed him into the room, his behavior had been justifiable.

The jury in the Nîmes appeals court was presented with recorded footage of Gisèle Pelicot’s limp body, sedated and breathing heavily in a unconscious condition, while a grinning Dogan committed rape on several occasions over a period of what police said was three and a half hours. The presiding judge said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was no question that she had been unconscious and had not agreed.

Accused's Testimony

The defendant told the court the footage were simply “intimate moments” and rejected it was rape. He said what he did was “a sexual act”, not assault. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was OK. He said he was deceived by the husband. “I wanted to stop,” the accused told the court. “I carried on because he convinced me.”

Asked if he wanted to make a last words to the court, Dogan said: “I did not intend to injure that lady.”

Victim's Response

Gisèle Pelicot, who was applauded upon departing the trial each day by supporters present to back her, said to Dogan in court: “You haven’t understood. When will you admit you raped me? It’s a crime to rape an unconscious woman. At what point did I give you consent? At no time.”

The victim, seventy-two, became an global icon after she gave up her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, turning to Gisèle Pelicot in court, said the defendant's failure to take blame showed that: “The shame remains. Society is perhaps in the midst of that, maybe propelled by the public consciousness resulting from the publication of your case.”

Sie said Dogan’s claims of blamelessness showed how normalized violence was still common in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change the culture of violence to a society based on agreement.”

Sie said to the defendant: “As long as you refuse to admit it, it’s not just a person, it’s an complete disturbing social system that you are upholding.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of five moved to the nation of France, where his father worked as a concierge. The evidence indicated that his parent was aggressive and that the defendant began consuming marijuana aged ten. When Dogan was seventeen he was apprehended by police for dealing drugs and his parent kicked him out the residence. He served time in prison for drug dealing in his early 20s and had worked as a laborer but had faced periods of homelessness.

He was wed and had a son with a genetic condition, who he was the main caregiver for, as his wife worked in a school canteen. The court heard his wife did not know he had repeated intimate relations beyond their marriage. His defence said this was his way of coping with his difficult circumstances. Dogan had informed a evaluator that once a year he looked for paid sex on his birthday. His attorneys stated to the court he had arthritis triggered by the stress of the initial proceedings.