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A defendant was declared guilty on appeal of sexually assaulting Gisele Pelicot after she was drugged unconscious by her then-husband – and was given his prison sentence increased to ten years.

Appeal Trial

The defendant, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, experienced a retrial this week at the appeals court in Nîmes.

A panel of nine jurors, joined by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her home in southern France in the morning of 29 June 2019.

The testimony revealed that Dogan, a married father, connected with Gisèle Pelicot’s spouse, the husband, in an digital platform titled “without her consent”, where Pelicot was seeking men to come to his home to rape his wife after he had sedated her into a unconscious state.

We trust the court will declare that in this society, human rights are also women’s rights – that consent is personal, not delegated,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Consent is secured personally and not through someone else from a husband.”

Case History

The husband, among the most severe sexual predators in modern French history, was given a prison term to two decades in prison last year for incapacitating his wife at the time and bringing in numerous individuals to sexually assault her in her home in the Provence village of Mazan over a duration of nearly ten years of their union.

Fifty other men were found culpable in a high-profile trial last year, and the appellant was the only man to challenge his conviction. He was originally sentenced to 9 years in prison, a punishment enhanced on Thursday to ten years.

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

Testimony and Proof

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

Pelicot, who was transported from isolation in prison to briefly testify at the retrial, informed 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 put her to sleep without her knowledge.”

The courtroom became a central issue for a larger conversation on rape culture in society as Dogan continued to say he was innocent and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his actions had been acceptable.

The panel in the higher court was shown visual proof of the victim's unconscious figure, comatose and snoring in a deep sleep, while a grinning the perpetrator engaged in violation repeatedly over a duration of what authorities reported was several hours. The presiding judge said she had been at danger of fatal outcome by asphyxiation. The prosecution said there was absolute certainty that she had been unconscious and had not given permission.

Defendant's Statements

The defendant stated to the court the videos were simply “sex scenes” and rejected it was rape. He said what he did was “a sexual act”, not rape. He told the court: “I never raped.” He said the victim's husband had brought him to the residence, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan told the court. “I proceeded because he persuaded me.”

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

Survivor's Statement

The survivor, who was supported upon departing the trial each day by onlookers gathered to stand with her, told the defendant in court: “You haven’t understood. When will you acknowledge you violated me? It’s a crime to rape an incapacitated woman. When did I ever give you agreement? At no time.”

The victim, 72, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “The shame should shift.”

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “Guilt has not shifted. Society is maybe in the process of that, maybe motivated by the public consciousness brought by the revelation of your case.”

The prosecutor said the defendant's claims of blamelessness showed how rape culture was still common in society as part of “old-fashioned” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a society based on agreement.”

Sie addressed Dogan: “For as much as you refuse to admit it, it’s not just a woman, it’s an complete disturbing cultural framework that you are supporting.”

Defendant's Background

The accused was originated from Turkey and at the age of five came to the nation of France, where his parent worked as a concierge. The evidence indicated that his father was abusive and that the defendant began using drugs aged ten. When Dogan was seventeen he was caught by authorities for dealing drugs and his parent evicted him the family house. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a construction worker but had faced periods of living on the streets.

He was married and had a child with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The court heard his wife did not know he had repeated sexual encounters outside their union. His defence said this was his strategy for managing with his challenging existence. Dogan had informed a court psychologist that each year he engaged in paid sex on his special day. His legal representatives informed the court he had joint inflammation triggered by the stress of the first trial.