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A defendant was declared guilty on appeal of sexually assaulting Gisèle Pelicot following she was sedated by her husband – and has had his incarceration period extended to a decade.

Appeal Trial

The defendant, 44, an unemployed builder, who had appealed his initial guilty verdict last year, faced a retrial this week at the Nîmes court of appeal.

A jury of nine jurors, joined by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her bedroom in Provence in the early hours of June 29, 2019.

The evidence showed that Dogan, a family man, connected with the victim's spouse, Dominique Pelicot, in an online chatroom called “without her consent”, where Pelicot was seeking men to visit his house to rape his wife after he had rendered her unconscious into a unconscious state.

We trust the jury will say loud and clear that in this society, human rights are also women’s rights – that permission is individual, not transferred,” stated the victim's lawyer, Antoine Camus. “Permission is obtained directly and not through someone else from a spouse.”

Case History

Dominique Pelicot, a notorious sexual predators in modern French history, was given a prison term to 20 years in prison last year for drugging his then wife and soliciting numerous individuals to rape her in her home in the community of Mazan over a duration of nearly ten years of their union.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and the appellant was the only man to appeal against his conviction. He was first sentenced to 9 years in prison, a punishment increased on Thursday to ten years.

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

Courtroom Details

Dogan had first sent Dominique Pelicot graphic images and then driven an hour from his town in the region to assault Gisèle Pelicot, after telling his wife he was going out, the testimony revealed.

The ex-husband, who was brought from isolation in prison to briefly provide testimony at the retrial, stated to the court that Dogan had been aware his wife had been “incapacitated” and he said to men by phone: “I want someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

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 committed rape, stating that because the victim's husband had invited him into the room, his actions had been permissible.

The panel in the Nîmes appeals court was presented with visual proof of the victim's limp body, unconscious and snoring in a comatose state, while a smiling Dogan engaged in violation on several occasions over a duration of what authorities reported was 3.5 hours. The judge said she had been at danger of death by choking. The state prosecution said there was no question that she had been unconscious and had not consented.

Accused's Testimony

The defendant told the court the videos were simply “sex scenes” and rejected it was violation. He said what he did was “a consensual activity”, not assault. He stated the court: “I never raped.” He said the victim's husband had brought him to the residence, and therefore it was acceptable. He said he was manipulated by the husband. “I tried to halt,” the accused stated to the court. “I carried on because he persuaded me.”

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

Survivor's Statement

The survivor, who was cheered upon departing the trial each day by onlookers gathered to support her, addressed the defendant in court: “You haven’t understood. When are you going to recognise you raped me? It is unlawful to assault an incapacitated woman. At what point did I give you consent? Not once.”

Gisèle Pelicot, seventy-two, became an global icon after she relinquished her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said the defendant's failure to take responsibility showed that: “Guilt has not shifted. The community is maybe in the process of that, possibly propelled by the collective awareness brought by the publication of your ordeal.”

The prosecutor said Dogan’s claims of blamelessness showed how normalized violence was still prevalent in society as part of “outdated” forms of “male domination”. He said: “We need to change the culture of violence to a culture of consent.”

Sie addressed the defendant: “As long as you reject it, it’s not just a woman, it’s an entire sordid social system that you are supporting.”

Personal History

The accused was originated from the country of Turkey and at the age of 5 came to France, where his father worked as a concierge. The evidence indicated that his parent was aggressive and that the defendant began smoking cannabis aged 10. When Dogan was seventeen he was stopped by authorities for drug trafficking and his father evicted him the family house. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a laborer but had faced periods of being unhoused.

He was wed and had a son with special needs, who he was the main caregiver for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had repeated extramarital activities beyond their union. His legal team said this was his way of coping with his stressful life. Dogan had stated to a mental health expert that annually he engaged in paid sex on his birthday. His legal representatives told the court he had joint inflammation triggered by the anxiety of the first trial.