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A man was convicted on higher court review of sexually assaulting Gisele Pelicot following she was sedated by her then-husband – and received his prison sentence raised to a decade.

Retrial Proceedings

The defendant, 44, an unemployed builder, who had contested his first conviction last year, experienced a appeal hearing this week at the Nîmes court of appeal.

A panel of four women and five men, joined by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her home in southern France in the morning of 29 June 2019.

The court heard that the accused, a married father, reached out to Gisèle Pelicot’s husband at the time, the husband, in an online chatroom titled “without her consent”, where the husband was recruiting men to come to his home to rape his wife after he had drugged her into a unconscious state.

We trust the court will say loud and clear that in this nation, fundamental rights are also rights of women – that permission is personal, not transferred,” said Gisèle Pelicot’s attorney, her legal representative. “Agreement is secured directly and not by proxy from a spouse.”

Background

The ex-husband, among the most severe sex offenders in recent French history, was sentenced to 20 years in prison last year for drugging his wife at the time and inviting dozens of men to rape her in her home in the town of the village of Mazan over a span of many years of their marriage.

Fifty other men were found convicted in a widely publicized trial last year, and Dogan was the single defendant to contest his conviction. He was first sentenced to nine years in prison, a sentence increased on Thursday to ten years.

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

Testimony and Proof

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

The ex-husband, who was brought from isolation in prison to briefly testify at the appeal trial, stated to the court that Dogan had understood his wife had been “sedated” and he said to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a focus point for a broader debate on sexual violence norms in society as Dogan continued to say he was innocent and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had invited him into the residence, his conduct had been justifiable.

The panel in the Nîmes appeals court was presented with visual proof of Gisèle Pelicot’s unconscious figure, sedated and snoring in a comatose state, while a grinning Dogan committed rape multiple times over a duration of what investigators stated was three and a half hours. The court official said she had been at peril of death by choking. The prosecution said there was absolute certainty that she had been unaware and had not given permission.

Dogan's Claims

The defendant stated to the court the recordings were simply “sexual encounters” and denied it was assault. He said what he did was “a sexual act”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was OK. He said he was manipulated by the husband. “I tried to halt,” the accused informed the court. “I carried on because he persuaded me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I did not intend to hurt that woman.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon departing the trial each day by crowds assembled to back her, said to Dogan in court: “You do not grasp. When will you acknowledge you assaulted me? It’s a crime to assault an incapacitated woman. How could I have give you consent? Not once.”

The victim, seventy-two, became an international feminist hero after she gave up her right to confidentiality in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, speaking to Gisèle Pelicot in court, said Dogan’s unwillingness to take responsibility showed that: “The shame remains. The public is maybe in the midst of that, maybe driven by the public consciousness brought by the exposure of your ordeal.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still common in society as part of “outdated” forms of “male domination”. He said: “We need to change rape culture to a culture of consent.”

The prosecutor said to the defendant: “While you refuse to admit it, it’s not just a person, it’s an complete disturbing cultural framework that you are endorsing.”

Biographical Details

Dogan was born in Turkey and at the age of 5 came to France, where his parent worked as a caretaker. The evidence indicated that his parent was aggressive and that the defendant began using drugs aged ten. When he was seventeen he was stopped by police for selling narcotics and his parent kicked him out of home. He was incarcerated in prison for drug dealing in his early 20s and had worked as a construction worker but had undergone periods of homelessness.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had regular intimate relations beyond their marriage. His legal team said this was his way of coping with his challenging existence. Dogan had stated to a court psychologist that once a year he looked for transactional encounters on his special day. His lawyers told the court he had a medical condition resulting from the stress of the first trial.