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A defendant was convicted on appeal of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her spouse – and was given his incarceration period raised to ten years.

Appeal Trial

Dogan, forty-four, an out-of-work construction worker, who had challenged 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, ruled against Dogan on Thursday of sexually assaulting Pelicot in her bedroom in southern France in the early hours of June 29, 2019.

The testimony revealed that Dogan, a married father, reached out to Gisèle Pelicot’s husband at the time, the husband, in an digital platform called “unbeknownst to her”, where Pelicot was recruiting men to enter his residence to assault his wife once he had sedated her into a deep sleep.

“We hope the jury will declare that in this nation, human rights are also rights of women – that consent is individual, not given by another,” declared Gisèle Pelicot’s attorney, her legal representative. “Permission is received directly and not by proxy from a husband.”

Case History

Dominique Pelicot, among the most severe sexual predators in recent French history, was sentenced to twenty years in prison last year for sedating his wife at the time and inviting numerous individuals to sexually assault her in her home in the community of the village of Mazan over a span of nearly ten years 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 given a sentence to 9 years in prison, a punishment increased on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had stated he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his village in the region to rape the victim, after telling his wife he was going out, the court heard.

Pelicot, who was transported from segregation in prison to temporarily provide testimony at the hearing, stated to the court that Dogan had known his wife had been “sedated” and he said to men by phone: “I seek someone to assault my wife after I’ve sedated her without her knowledge.”

The trial became a focus point for a broader debate on sexual violence norms in society as the defendant continued to say he was innocent and had not committed rape, arguing that because the victim's husband had invited him into the room, his actions had been acceptable.

The jury in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a comatose state, while a smiling Dogan committed rape on several occasions over a timeframe of what investigators stated was 3.5 hours. The court official said she had been at peril of death by choking. The state's case said there was absolute certainty that she had been incapacitated and had not consented.

Dogan's Claims

The defendant stated to the court the videos were simply “sexual encounters” and rejected it was assault. He said what he did was “an intimate behavior”, not assault. He told the court: “I never raped.” He said the victim's husband had invited him to the residence, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I proceeded because he reassured me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to harm that individual.”

Pelicot's Words

The survivor, who was supported upon departing the trial each day by supporters gathered to support her, said to Dogan in court: “You do not grasp. When will you admit you assaulted me? It is illegal to rape an unconscious woman. How could I have give you agreement? Never.”

The victim, 72, became an international feminist hero after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “The shame remains. Society is perhaps in the midst of that, possibly motivated by the collective awareness spurred by the publication of your ordeal.”

Sie said Dogan’s claims of blamelessness showed how societal tolerance was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “We need to change the culture of violence to a society based on agreement.”

Sie told Dogan: “As long as you reject it, it’s not just a woman, it’s an complete sordid cultural framework that you are endorsing.”

Biographical Details

Dogan was originated from Turkey and at the age of 5 came to the nation of France, where his father worked as a building manager. The court heard that his father was abusive and that Dogan began consuming marijuana aged 10. When he was seventeen he was stopped by authorities for selling narcotics and his parent evicted him the residence. He was incarcerated in prison for trafficking in his young adulthood and had worked as a construction worker but had faced periods of being unhoused.

He was married and had a son with special needs, who he was the principal carer for, as his spouse worked in a educational cafeteria. The evidence showed his wife did not know he had regular intimate relations beyond their union. His defence said this was his method of dealing with his challenging existence. Dogan had told a evaluator that each year he engaged in transactional encounters on his special day. His legal representatives told the court he had joint inflammation resulting from the stress of the original case.