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A man was declared guilty on appeal of sexually assaulting Gisèle Pelicot following she was sedated by her spouse – and has had his prison sentence increased to ten years.

Retrial Proceedings

Dogan, 44, an out-of-work construction worker, who had appealed his first conviction last year, faced a retrial this week at the appeals court in Nîmes.

A jury of four women and five men, sitting with three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in southern France in the early hours of 29 June 2019.

The testimony revealed that Dogan, a married father, connected with Gisèle Pelicot’s husband at the time, the husband, in an online chatroom titled “unbeknownst to her”, where the husband was recruiting men to come to his home to rape his wife after he had sedated her into a comatose state.

We trust the court will affirm that in this society, human rights are also rights of women – that agreement is individual, not delegated,” stated the victim's lawyer, her legal representative. “Agreement is obtained personally and not via a representative from a spouse.”

Case History

The husband, among the most severe sex offenders in France's contemporary records, was given a prison term to twenty years in prison last year for drugging his spouse and bringing in numerous individuals to rape her in her home in the town of the village of Mazan over a span of nearly ten years of their union.

Numerous other individuals were found guilty in a notable trial last year, and the appellant was the single defendant to contest his conviction. He was first handed a term to 9 years in prison, a punishment increased on Thursday to 10 years.

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

Testimony and Proof

Dogan had first sent the husband graphic images and then driven an hour from his residence in the region to rape Gisèle Pelicot, after informing his wife he was going out, the court heard.

The ex-husband, who was brought from solitary confinement in prison to temporarily give evidence at the retrial, stated to the court that the accused had known his wife had been “drugged” and he communicated to men by phone: “I want someone to assault my wife after I’ve put her to sleep without her consent.”

The courtroom became a central issue for a wider discussion on sexual violence norms in society as the defendant continued to claim he was not guilty and had not committed rape, stating that because the victim's husband had welcomed him into the residence, his conduct had been permissible.

The panel in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a comatose state, while a grinning Dogan engaged in violation on several occasions over a duration of what authorities reported was several hours. The presiding judge said she had been at peril of death by asphyxiation. The state's case said there was no doubt that she had been incapacitated and had not consented.

Defendant's Statements

Dogan informed the court the videos were simply “sexual encounters” and rejected it was violation. He said what he did was “a consensual activity”, not rape. 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 acceptable. He said he was manipulated by the husband. “I attempted to cease,” the accused told the court. “I continued because he persuaded me.”

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

Victim's Response

The survivor, who was cheered upon exiting the courtroom each day by onlookers gathered to back her, told the defendant in court: “You do not grasp. When will you admit you raped me? It is illegal to assault an incapacitated woman. At what point did I give you consent? Never.”

The victim, 72, became an global icon after she waived her right to privacy in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, addressing the victim in court, said Dogan’s refusal to take responsibility showed that: “Shame has not yet changed sides. The public is perhaps in the process of that, maybe propelled by the collective awareness resulting from the exposure of your ordeal.”

The prosecutor said the defendant's claims of non-guilt showed how rape culture was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change rape culture to a ethos of permission.”

Sie said to the defendant: “For as much as you refuse to admit it, it’s not just a individual, it’s an entire sordid societal structure that you are endorsing.”

Defendant's Background

The accused was originated from Turkey and at the age of five relocated to the nation of France, where his parent worked as a building manager. The court heard that his parent was violent and that the defendant began using drugs at the age of 10. When he was seventeen he was apprehended by authorities for dealing drugs and his father kicked him out of home. He served time in prison for narcotics offenses in his early 20s and had worked as a builder but had experienced periods of living on the streets.

He was married and had a son with Down’s syndrome, who he was the primary guardian for, as his wife worked in a educational cafeteria. The testimony revealed his wife did not know he had regular intimate relations beyond their marriage. His defence said this was his way of coping with his challenging existence. Dogan had informed a evaluator that each year he looked for commercial sex on his birthday. His attorneys informed the court he had a medical condition triggered by the pressure of the initial proceedings.