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An individual was declared guilty on higher court review of sexually assaulting Gisele Pelicot after she was drugged unconscious by her spouse – and has had his incarceration period increased to a decade.

Retrial Proceedings

The defendant, 44, an unemployed builder, who had contested his first conviction last year, experienced a appeal hearing this week at the Nîmes court of appeal.

A panel of four women and five men, accompanied by three judges, found Dogan guilty on Thursday of raping Pelicot in her residence in southern France in the morning of 29 June 2019.

The evidence showed that the accused, a family man, connected with Gisèle Pelicot’s then husband, the husband, in an internet forum titled “without her consent”, where Pelicot was recruiting men to come to his home to rape his wife once he had rendered her unconscious into a unconscious state.

We expect the jury will say loud and clear that in this society, human rights are also rights of women – that agreement is personal, not delegated,” said the victim's attorney, her legal representative. “Consent is received personally and not through someone else from a husband.”

Case History

The ex-husband, one of the worst sexual predators in modern French history, was sentenced to two decades in prison last year for incapacitating his then wife and soliciting multiple perpetrators to sexually assault her in her home in the community of Mazan over a period of many years of their marriage.

Numerous other individuals were found culpable in a high-profile trial last year, and the appellant was the only man to challenge his sentence. He was initially handed a term to 9 years in prison, a punishment raised on Thursday to ten years.

The chief prosecutor, the prosecutor, had argued he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Courtroom Details

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

Pelicot, who was transported from isolation in prison to briefly provide testimony at the appeal trial, told the court that the accused had understood his wife had been “drugged” and he told to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a focus point for a wider discussion on sexual violence norms in society as Dogan continued to claim he was blameless and had not engaged in violation, stating that because the victim's husband had allowed him into the bedroom, his behavior had been permissible.

The jury in the Nîmes appeals court was displayed video evidence of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a comatose state, while a smiling Dogan engaged in violation multiple times over a timeframe of what police said was 3.5 hours. The judge said she had been at risk of death by asphyxiation. The prosecution said there was absolute certainty that she had been unaware and had not given permission.

Accused's Testimony

The defendant informed the court the footage were simply “intimate moments” and rejected it was violation. He said what he did was “a sexual act”, not assault. He declared the court: “I did not commit rape.” He said the victim's husband had brought him to the residence, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I continued because he reassured me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I never wanted to harm that individual.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon leaving court each day by onlookers gathered to support her, said to Dogan in court: “You haven’t understood. When will you acknowledge you raped me? It is illegal to assault an incapacitated woman. When did I ever give you agreement? Not once.”

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

Prosecutor's Remarks

Sie, speaking to Gisèle Pelicot in court, said the defendant's refusal to take blame showed that: “The shame remains. The community is possibly in the midst of that, perhaps propelled by the societal understanding spurred by the exposure of your case.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change the culture of violence to a culture of consent.”

Sie told the defendant: “While you refuse to admit it, it’s not just a person, it’s an complete sordid social system that you are supporting.”

Biographical Details

The accused was born in Turkey and at the age of five relocated to France, where his parent worked as a caretaker. The court heard that his parent was violent and that Dogan began consuming marijuana at the age of ten. When he was 17 he was caught by authorities for dealing drugs and his father evicted him of home. He was incarcerated in prison for trafficking in his twenties and had worked as a construction worker but had undergone periods of being unhoused.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his wife worked in a educational cafeteria. The evidence showed his spouse did not know he had frequent sexual encounters outside their union. His defence said this was his method of dealing with his stressful life. Dogan had informed a evaluator that annually he looked for paid sex on his special day. His attorneys stated to the court he had arthritis resulting from the anxiety of the first trial.