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A man was convicted on appeal of sexually assaulting Gisele Pelicot after she was sedated by her spouse – and received his prison sentence extended to a decade.

Retrial Proceedings

Dogan, forty-four, an out-of-work construction worker, who had appealed his initial guilty verdict last year, experienced a retrial this week at the Nîmes court of appeal.

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

The evidence showed that the accused, a married father, made contact with the victim's husband at the time, the husband, in an digital platform named “without her consent”, where the husband was recruiting men to visit his house to assault his wife once he had drugged her into a deep sleep.

We expect the court will declare that in this country, human rights are also rights of women – that agreement is personal, not given by another,” said the victim's attorney, Antoine Camus. “Consent is received directly and not through someone else from a spouse.”

Case History

The husband, one of the worst sex offenders in recent French history, was given a prison term to twenty years in prison last year for incapacitating his spouse and inviting multiple perpetrators to rape her in her home in the Provence village of Mazan over a duration of nearly ten years of their union.

Dozens of additional defendants were found culpable in a notable trial last year, and Dogan was the sole individual to appeal against his verdict. He was initially given a sentence to 9 years in prison, a punishment raised on Thursday to a decade.

The lead state prosecutor, the prosecutor, had argued he should serve 12 years, because he “completely denies to take any responsibility”.

Testimony and Proof

Dogan had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in the region to assault the victim, after notifying his wife he was going out, the testimony revealed.

The ex-husband, who was transported from solitary confinement in prison to temporarily testify at the retrial, told the court that the accused had been aware his wife had been “incapacitated” and he told to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a focus point for a larger conversation on rape culture in society as Dogan continued to say he was not guilty 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 panel in the Nîmes appeals court was shown video evidence of the victim's unconscious figure, sedated and snoring in a deep sleep, while a grinning the perpetrator committed rape multiple times over a duration of what authorities reported was several hours. The judge said she had been at peril of death by suffocation. The state prosecution said there was no doubt that she had been unconscious and had not consented.

Defendant's Statements

Dogan stated to the court the footage were simply “intimate moments” and disputed it was assault. He said what he did was “a sexual act”, not assault. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I attempted to cease,” Dogan told the court. “I continued because he reassured me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to hurt that woman.”

Survivor's Statement

The victim, who was applauded upon leaving court each day by crowds assembled to stand with her, said to Dogan in court: “You haven’t understood. When are you going to recognise you assaulted me? It is unlawful to rape an incapacitated woman. When did I ever give you consent? Not once.”

The victim, 72, became an global icon after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, speaking to the victim in court, said the defendant's refusal to take responsibility showed that: “Shame has not yet changed sides. Society is possibly in the midst of that, possibly motivated by the collective awareness spurred by the exposure of your ordeal.”

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

Sie said to the defendant: “For as much as you deny it, it’s not just a woman, it’s an complete disturbing societal structure that you are supporting.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of 5 relocated to France, where his father worked as a caretaker. The testimony revealed that his parent was aggressive and that the defendant began consuming marijuana at the age of ten. When he was 17 he was stopped by police for dealing drugs and his father kicked him out the family house. He spent time in prison for narcotics offenses in his twenties and had worked as a construction worker but had faced periods of being unhoused.

He was married and had a son with a genetic condition, who he was the principal carer for, as his wife worked in a educational cafeteria. The court heard his spouse did not know he had repeated intimate relations beyond their marriage. His defence said this was his way of coping with his difficult circumstances. Dogan had stated to a mental health expert that once a year he looked for commercial sex on his special day. His attorneys told the court he had a medical condition triggered by the anxiety of the original case.