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A defendant was convicted on retrial of sexually assaulting Gisèle Pelicot following she was sedated by her spouse – and was given his jail term increased to a decade.

Higher Court Case

Dogan, forty-four, an out-of-work construction worker, who had challenged his first conviction last year, faced a new trial this week at the Nîmes court of appeal.

A panel of four women and five men, joined by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her home in southern France in the early hours of 29 June 2019.

The evidence showed that Dogan, a married father, made contact with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom titled “unbeknownst to her”, where Pelicot was recruiting men to enter his residence to rape his wife once he had rendered her unconscious into a unconscious state.

We expect the panel will say loud and clear that in this society, human rights are also women’s rights – that consent is individual, not delegated,” said the victim's attorney, Antoine Camus. “Agreement is received directly and not through someone else from a husband.”

Case History

The husband, one of the worst sex offenders in modern French history, was handed a sentence to 20 years in prison last year for drugging his wife at the time and bringing in dozens of men to sexually assault her in her home in the town of the village of Mazan over a period of almost a decade of their union.

Dozens of additional defendants were found guilty in a notable trial last year, and Dogan was the single defendant to contest his conviction. He was initially handed a term to nine years in prison, a sentence increased on Thursday to ten years.

The state's attorney, the prosecutor, had stated he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Evidence Presented

Dogan had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in the region to assault Gisèle Pelicot, after notifying his wife he was stepping out, the testimony revealed.

The ex-husband, who was brought from isolation in prison to temporarily testify at the appeal trial, informed the court that the accused had been aware his wife had been “sedated” and he told to men by phone: “I seek someone to assault my wife after I’ve sedated her unbeknownst to her.”

The proceedings became a focus point for a larger conversation on societal attitudes in society as Dogan continued to say he was innocent and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had allowed him into the residence, his behavior had been justifiable.

The panel in the higher court was displayed video evidence of the victim's limp body, comatose and breathing heavily in a unconscious condition, while a smiling the perpetrator performed assault multiple times over a period of what police said was several hours. The presiding judge said she had been at danger of fatal outcome by asphyxiation. The state prosecution said there was absolute certainty that she had been unconscious and had not given permission.

Defendant's Statements

The defendant told the court the footage were simply “intimate moments” and denied it was assault. He said what he did was “an intimate behavior”, not rape. He stated the court: “I did not commit rape.” He said the victim's husband had invited him to the home, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I tried to halt,” the accused stated to the court. “I continued because he persuaded me.”

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

Victim's Response

The survivor, who was applauded upon departing the trial each day by supporters present to support her, addressed Dogan in court: “You do not grasp. When are you going to recognise you assaulted me? It’s a crime to rape an unconscious woman. At what point did I give you permission? Never.”

Gisèle Pelicot, 72, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, speaking to Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “The shame remains. The public is perhaps in the midst of that, maybe propelled by the societal understanding resulting from the revelation of your ordeal.”

The prosecutor said the defendant's claims of innocence showed how normalized violence was still widespread in society as part of “old-fashioned” forms of “gender-based power”. He said: “Now we must change the culture of violence to a society based on agreement.”

Sie said to the defendant: “While you deny it, it’s not just a woman, it’s an entire unpleasant cultural framework that you are upholding.”

Biographical Details

Dogan was originated from Turkey and at the age of 5 came to the nation of France, where his parent worked as a concierge. The evidence indicated that his father was violent and that Dogan began consuming marijuana at the age of ten. When Dogan was 17 he was caught by police for drug trafficking and his parent forced him to leave the family house. He served time in prison for narcotics offenses in his early 20s and had worked as a construction worker but had faced periods of homelessness.

He was married and had a son with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The testimony revealed his wife did not know he had repeated intimate relations outside their marriage. His legal team said this was his method of dealing with his challenging existence. The defendant had informed a mental health expert that once a year he sought commercial sex on his special day. His lawyers informed the court he had a medical condition resulting from the stress of the original case.