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A man was convicted on appeal of sexually assaulting Gisele Pelicot following she was sedated by her then-husband – and has had his prison sentence raised to a decade.

Higher Court Case

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

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

The court heard that Dogan, a married father, made contact with the victim's then husband, Dominique Pelicot, in an digital platform called “without her knowledge”, where Pelicot was seeking men to visit his house to rape his wife once he had rendered her unconscious into a unconscious state.

“We hope the court will affirm that in this society, fundamental rights are also women’s rights – that permission is personal, not delegated,” declared Gisèle Pelicot’s attorney, her legal representative. “Consent is secured directly and not via a representative from a husband.”

Case History

The husband, among the most severe sex offenders in modern French history, was given a prison term to two decades in prison last year for drugging his wife at the time and inviting dozens of men to rape her in her home in the town of Mazan over a span of many years of their marriage.

Dozens of additional defendants were found convicted in a high-profile trial last year, and the appellant was the single defendant to appeal against his verdict. He was initially handed a term to nine years in prison, a penalty enhanced on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had argued he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Evidence Presented

The defendant had initially sent the husband sexually explicit photos and then traveled an hour from his village in the region to rape the victim, after notifying his wife he was stepping out, the testimony revealed.

The ex-husband, who was brought from segregation in prison to briefly testify at the appeal trial, stated to the court that Dogan had been aware his wife had been “drugged” and he said to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a key topic for a wider discussion on societal attitudes in society as Dogan continued to claim he was blameless and had not engaged in violation, stating that because the victim's husband had invited him into the residence, his behavior had been acceptable.

The jury in the higher court was presented with recorded footage of Gisèle Pelicot’s limp body, sedated and snoring in a deep sleep, while a grinning Dogan engaged in violation multiple times over a duration of what police said was several hours. The judge said she had been at peril of fatal outcome by asphyxiation. The state prosecution said there was absolute certainty that she had been unconscious and had not given permission.

Dogan's Claims

Dogan told the court the recordings were simply “sexual encounters” and denied it was assault. He said what he did was “a consensual activity”, not rape. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was OK. He said he was manipulated by the husband. “I tried to halt,” Dogan informed the court. “I carried on because he persuaded me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to hurt that woman.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by crowds gathered to stand with her, addressed the defendant in court: “You do not grasp. When will you admit you raped me? It is illegal to assault an unconscious woman. At what point did I give you consent? Never.”

The victim, seventy-two, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, turning to Gisèle Pelicot in court, said Dogan’s refusal to take blame showed that: “Guilt has not shifted. The public is maybe in the process of that, possibly driven by the public consciousness resulting from the exposure of your ordeal.”

Sie said Dogan’s claims of innocence showed how normalized violence was still common in society as part of “outdated” forms of “gender-based power”. He said: “We need to change the culture of violence to a culture of consent.”

The prosecutor said to the defendant: “As long as you reject it, it’s not just a person, it’s an complete disturbing cultural framework that you are upholding.”

Defendant's Background

Dogan was originated from Turkey and at the age of five came to France, where his parent worked as a building manager. The court heard that his parent was aggressive and that the defendant began using drugs aged 10. When Dogan was 17 he was stopped by police for selling narcotics and his parent evicted him the family house. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a laborer but had faced periods of being unhoused.

He was married and had a son with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The evidence showed his spouse did not know he had repeated extramarital activities beyond their marriage. His defence said this was his method of dealing with his challenging existence. The defendant had stated to a mental health expert that annually he looked for commercial sex on his special day. His attorneys told the court he had a medical condition resulting from the stress of the first trial.