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An individual was declared guilty on appeal of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her husband – and has had his jail term increased to 10 years.

Retrial Proceedings

Dogan, forty-four, an out-of-work construction worker, who had contested his first conviction last year, underwent a appeal hearing this week at the Nîmes court of appeal.

A panel of four women and five men, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her bedroom in southern France in the morning of June 29, 2019.

The court heard that Dogan, a married father, reached out to Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an internet forum called “without her consent”, where the husband was looking for men to visit his house to rape his wife once he had rendered her unconscious into a deep sleep.

“We hope the panel will say loud and clear that in this society, human rights are also women’s rights – that permission is personal, not given by another,” declared the victim's attorney, Antoine Camus. “Consent is secured personally and not via a representative from a spouse.”

Case History

The ex-husband, one of the worst sexual predators 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 multiple perpetrators to rape her in her home in the town of the village of Mazan over a period of many years of their union.

Fifty other men were found convicted in a notable trial last year, and the appellant was the only man to challenge his verdict. He was originally given a sentence to 9 years in prison, a punishment enhanced on Thursday to ten years.

The chief prosecutor, Dominique Sie, had stated he should serve twelve years, because he “absolutely refuses to take any blame”.

Courtroom Details

The defendant had first sent the husband inappropriate pictures and then traveled an hour from his residence in Provence to assault Gisèle Pelicot, after notifying his wife he was going out, the testimony revealed.

The ex-husband, who was transported from segregation in prison to temporarily testify at the appeal trial, informed the court that the accused had understood his wife had been “drugged” and he said to men by phone: “I seek someone to assault my wife after I’ve put her to sleep without her knowledge.”

The courtroom became a key topic for a broader debate on rape culture in society as Dogan continued to say he was not guilty and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had welcomed him into the residence, his behavior had been permissible.

The jury in the Nîmes appeals court was presented with visual proof of Gisèle Pelicot’s unconscious figure, sedated and breathing heavily in a unconscious condition, while a grinning the perpetrator committed rape on several occasions over a timeframe of what police said was three and a half hours. The judge said she had been at risk of death by suffocation. The state's case said there was absolute certainty that she had been incapacitated and had not given permission.

Dogan's Claims

The defendant told the court the recordings were simply “intimate moments” and rejected it was assault. He said what he did was “a consensual activity”, not assault. He told the court: “I never raped.” He said the victim's husband had invited him to the home, and therefore it was acceptable. He said he was manipulated by the husband. “I tried to halt,” the accused informed the court. “I carried on because he reassured me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to harm that woman.”

Pelicot's Words

The survivor, who was applauded upon leaving court each day by supporters assembled to support her, addressed Dogan in court: “You haven’t understood. When are you going to recognise you violated me? It’s a crime to assault an unaware woman. At what point did I give you consent? At no time.”

Gisèle Pelicot, seventy-two, became an global icon after she gave up her right to privacy in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “Guilt has not shifted. The public is possibly in the course of that, perhaps motivated by the collective awareness spurred by the publication of your ordeal.”

Sie said Dogan’s claims of innocence showed how rape culture was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change rape culture to a society based on agreement.”

Sie addressed the defendant: “While you reject it, it’s not just a woman, it’s an complete unpleasant societal structure that you are upholding.”

Personal History

The accused was originated from the country of 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 aggressive and that the defendant began smoking cannabis at the age of 10. When he was seventeen he was caught by authorities for selling narcotics and his father evicted him of home. He spent time in prison for narcotics offenses in his early 20s and had worked as a construction worker but had experienced periods of being unhoused.

He was wed and had a child with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a school canteen. The court heard his wife did not know he had regular extramarital activities beyond their union. His legal team said this was his method of dealing with his challenging existence. Dogan had informed a evaluator that each year he looked for commercial sex on his special day. His legal representatives told the court he had a medical condition resulting from the anxiety of the first trial.