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A man has been found guilty on higher court review of sexually assaulting Gisèle Pelicot after she was sedated by her husband – and received his prison sentence extended to ten years.

Higher Court Case

Dogan, forty-four, an unemployed builder, who had contested his first conviction last year, experienced a retrial this week at the Nîmes court of appeal.

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

The court heard that Dogan, a family man, reached out to Gisèle Pelicot’s then husband, the husband, in an internet forum titled “unbeknownst to her”, where the husband was looking for men to enter his residence to rape his wife once he had rendered her unconscious into a deep sleep.

We trust the court will say loud and clear that in this society, fundamental rights are also rights of women – that permission is personal, not given by another,” declared Gisèle Pelicot’s attorney, her legal representative. “Agreement is received personally and not via a representative from a spouse.”

Case History

The ex-husband, a notorious sex offenders in France's contemporary records, was sentenced to 20 years in prison last year for drugging his wife at the time and soliciting dozens of men to sexually assault her in her home in the Provence village of Mazan over a span of almost a decade 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 conviction. He was first sentenced to 9 years in prison, a sentence enhanced on Thursday to a decade.

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

Testimony and Proof

The defendant had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his village in Provence to rape Gisèle Pelicot, after telling his wife he was stepping out, the court heard.

Pelicot, who was brought from isolation in prison to temporarily testify at the retrial, informed the court that Dogan had been aware his wife had been “sedated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a central issue for a larger conversation on societal attitudes in society as Dogan continued to assert he was innocent and had not engaged in violation, stating that because Gisèle Pelicot’s husband had welcomed him into the room, his conduct had been justifiable.

The panel in the higher court was presented with recorded footage of the victim's unconscious figure, comatose and snoring in a deep sleep, while a smiling Dogan performed assault on several occasions over a period of what investigators stated was 3.5 hours. The judge said she had been at risk of death by suffocation. The state prosecution said there was absolute certainty that she had been unconscious and had not agreed.

Defendant's Statements

Dogan stated to the court the videos were simply “sex scenes” and disputed it was violation. He said what he did was “an intimate behavior”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was acceptable. He said he was deceived by the husband. “I tried to halt,” Dogan informed the court. “I proceeded because he convinced me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I did not intend to hurt that lady.”

Victim's Response

The victim, who was supported upon leaving court each day by supporters gathered to stand with her, addressed Dogan in court: “You fail to comprehend. When will you admit you assaulted me? It is illegal to assault an unconscious woman. When did I ever give you permission? Never.”

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

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s refusal to take accountability showed that: “Guilt has not shifted. The community is perhaps in the course of that, perhaps propelled by the public consciousness brought by the exposure of your situation.”

Sie said Dogan’s claims of non-guilt showed how normalized violence was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “We need to change rape culture to a culture of consent.”

The prosecutor said to Dogan: “For as much as you deny it, it’s not just a person, it’s an complete sordid cultural framework that you are supporting.”

Defendant's Background

Dogan was originated from Turkey and at the age of five moved to France, where his parent worked as a concierge. The testimony revealed that his parent was aggressive and that Dogan began consuming marijuana aged 10. When he was 17 he was stopped by authorities for dealing drugs and his parent forced him to leave of home. He served time in prison for narcotics offenses in his young adulthood and had worked as a builder but had experienced periods of living on the streets.

He was married and had a child with special needs, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The testimony revealed his wife did not know he had repeated intimate relations beyond their union. His defence said this was his strategy for managing with his stressful life. The defendant had told a court psychologist that each year he engaged in transactional encounters on his birthday. His lawyers informed the court he had joint inflammation caused by the pressure of the initial proceedings.