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An individual has been found guilty on higher court review of sexually assaulting Gisele Pelicot following she was drugged unconscious by her spouse – and has had his incarceration period increased to ten years.

Appeal Trial

The defendant, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, underwent a appeal hearing this week at the Nîmes court of appeal.

A jury of five men and four women, sitting with three judges, found Dogan guilty on Thursday of raping Pelicot in her bedroom in southern France in the early hours of June 29, 2019.

The court heard that the accused, a married father, made contact with Gisèle Pelicot’s then husband, the husband, in an online chatroom titled “unbeknownst to her”, where Pelicot was seeking men to enter his residence to rape his wife once he had drugged her into a unconscious state.

We expect the court will declare that in this country, fundamental rights are also women’s rights – that consent is personal, not transferred,” said the victim's attorney, her legal representative. “Permission is secured personally and not via a representative from a spouse.”

Case History

The ex-husband, one of the worst sex offenders in France's contemporary records, was handed a sentence to 20 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 town of the village of Mazan over a duration of almost a decade of their marriage.

Fifty other men were found guilty in a widely publicized trial last year, and Dogan was the only man to contest his sentence. He was originally sentenced to nine years in prison, a penalty enhanced on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had contended 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 driven an hour from his village in Provence to assault the victim, after notifying his wife he was stepping out, the testimony revealed.

The ex-husband, who was brought from segregation in prison to temporarily give evidence at the appeal trial, informed the court that the accused had understood his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The proceedings became a central issue for a wider discussion on sexual violence norms in society as Dogan continued to say he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had allowed him into the residence, his actions had been acceptable.

The jury in the higher court was shown visual proof of Gisèle Pelicot’s unresponsive form, comatose and breathing heavily in a comatose state, while a smiling Dogan engaged in violation multiple times over a timeframe of what investigators stated was 3.5 hours. The judge said she had been at danger of fatal outcome by asphyxiation. The state's case said there was absolute certainty that she had been unaware and had not agreed.

Accused's Testimony

The defendant informed the court the recordings were simply “intimate moments” and denied it was assault. He said what he did was “a consensual activity”, not rape. He stated 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 influenced by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I carried on because he persuaded me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I did not intend to injure that individual.”

Pelicot's Words

The victim, who was cheered upon leaving court each day by onlookers present to back her, addressed Dogan in court: “You do not grasp. When will you acknowledge you violated me? It is illegal to assault an incapacitated woman. How could I have give you consent? Never.”

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

State's Argument

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s unwillingness to take responsibility showed that: “The shame remains. The public is maybe in the course of that, possibly motivated by the collective awareness brought by the revelation of your ordeal.”

Sie said Dogan’s claims of non-guilt showed how normalized violence was still common in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

The prosecutor addressed the defendant: “For as much as you refuse to admit it, it’s not just a woman, it’s an entire unpleasant social system that you are endorsing.”

Biographical Details

The accused was born in Turkey and at the age of 5 moved to France, where his parent worked as a building manager. The evidence indicated that his father was abusive and that the defendant began using drugs aged ten. When Dogan was seventeen he was stopped by authorities for selling narcotics and his father forced him to leave the family house. He spent time in prison for narcotics offenses in his early 20s and had worked as a construction worker but had faced 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 institution's dining hall. The testimony revealed his spouse did not know he had frequent sexual encounters beyond their marriage. His defence said this was his way of coping with his difficult circumstances. Dogan had stated to a court psychologist that each year he looked for commercial sex on his birthday. His lawyers stated to the court he had arthritis resulting from the pressure of the initial proceedings.