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A defendant has been found guilty on appeal of sexually assaulting Gisele Pelicot after she was sedated by her spouse – and has had his incarceration period raised to 10 years.

Retrial Proceedings

The defendant, forty-four, an unemployed builder, who had appealed his initial guilty verdict last year, faced a appeal hearing this week at the higher court in Nîmes.

A jury of nine jurors, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in Provence in the morning of June 29, 2019.

The testimony revealed that the accused, a married father, connected with the victim's spouse, the husband, in an online chatroom called “without her knowledge”, where the husband was looking for men to visit his house to assault his wife once he had drugged her into a unconscious state.

We trust the jury will declare that in this country, human rights are also rights of women – that consent is personal, not given by another,” stated the victim's attorney, Antoine Camus. “Agreement is obtained personally and not via a representative from a husband.”

Case History

Dominique Pelicot, a notorious sexual predators in France's contemporary records, was sentenced to two decades in prison last year for incapacitating his then wife and bringing in dozens of men to rape her in her home in the town of Mazan over a duration of almost a decade of their union.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and Dogan was the sole individual to challenge his verdict. He was initially sentenced to nine years in prison, a punishment raised on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had contended he should serve 12 years, because he “completely denies to take any accountability”.

Testimony and Proof

The defendant had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in the region to rape the victim, after informing his wife he was going out, the evidence indicated.

Pelicot, who was transported from solitary confinement in prison to briefly testify at the appeal trial, told the court that Dogan had known his wife had been “drugged” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her without her knowledge.”

The courtroom became a central issue for a broader debate on sexual violence norms in society as Dogan continued to assert he was not guilty and had not committed rape, contending that because Gisèle Pelicot’s husband had welcomed him into the room, his actions had been justifiable.

The panel in the higher court was shown recorded footage of the victim's unresponsive form, unconscious and breathing heavily in a deep sleep, while a smiling the perpetrator engaged in violation on several occasions over a timeframe of what investigators stated was three and a half hours. The presiding judge said she had been at peril of fatal outcome by choking. The state prosecution said there was absolute certainty that she had been incapacitated and had not consented.

Accused's Testimony

The defendant stated to the court the videos were simply “sexual encounters” and rejected it was assault. He said what he did was “a consensual activity”, not rape. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused informed the court. “I proceeded because he convinced me.”

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

Survivor's Statement

The victim, who was cheered upon departing the trial each day by crowds assembled to back her, addressed the defendant in court: “You do not grasp. When will you admit you assaulted me? It is unlawful to rape an unconscious woman. At what point did I give you consent? Not once.”

The victim, seventy-two, became an symbol of resistance after she gave up her right to anonymity 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 failure to take blame showed that: “Shame has not yet changed sides. The public is maybe in the course of that, perhaps propelled by the collective awareness spurred by the exposure of your ordeal.”

Sie said Dogan’s claims of non-guilt showed how societal tolerance was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change rape culture to a ethos of permission.”

Sie said to the defendant: “As long as you reject it, it’s not just a individual, it’s an whole sordid social system that you are supporting.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of 5 came to France, where his father worked as a concierge. The court heard that his parent was abusive and that Dogan began using drugs at the age of 10. When Dogan was seventeen he was stopped by police for dealing drugs and his parent kicked him out the residence. He spent time in prison for narcotics offenses in his twenties and had worked as a laborer but had experienced periods of being unhoused.

He was married and had a child with special needs, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had frequent sexual encounters beyond their union. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had stated to a evaluator that once a year he looked for commercial sex on his birthday. His lawyers informed the court he had arthritis caused by the anxiety of the first trial.