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A man was convicted on higher court review of sexually assaulting Gisele Pelicot after she was drugged unconscious by her spouse – and received his jail term raised to a decade.

Retrial Proceedings

Dogan, 44, an unemployed builder, who had appealed his initial guilty verdict last year, underwent a appeal hearing this week at the higher court in Nîmes.

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

The testimony revealed that Dogan, a married father, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum called “unbeknownst to her”, where Pelicot was recruiting men to come to his home to rape his wife after he had rendered her unconscious into a deep sleep.

We trust the jury will affirm that in this society, fundamental rights are also women’s rights – that consent is personal, not delegated,” declared the victim's lawyer, Antoine Camus. “Consent is secured directly and not by proxy from a husband.”

Background

The ex-husband, among the most severe sexual predators in recent French history, was sentenced to twenty years in prison last year for drugging his spouse and soliciting multiple perpetrators to rape her in her home in the Provence village of Mazan over a period of nearly ten years of their marriage.

Fifty other men were found convicted in a high-profile trial last year, and Dogan was the sole individual to appeal against his conviction. He was initially sentenced to nine years in prison, a penalty raised on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had contended he should serve twelve years, because he “completely denies to take any blame”.

Testimony and Proof

Dogan had initially sent the husband inappropriate pictures and then driven an hour from his residence in the region to assault Gisèle Pelicot, after telling his wife he was stepping out, the evidence indicated.

Pelicot, who was brought from segregation in prison to temporarily testify at the appeal trial, informed the court that Dogan had been aware his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a key topic for a broader debate on sexual violence norms in society as the defendant continued to claim he was blameless and had not committed rape, arguing that because Gisèle Pelicot’s husband had allowed him into the bedroom, his behavior had been acceptable.

The jury in the Nîmes appeals court was shown visual proof of the victim's unconscious figure, sedated and snoring in a deep sleep, while a grinning Dogan engaged in violation on several occasions over a period of what authorities reported was 3.5 hours. The presiding judge said she had been at danger of fatal outcome by choking. The state prosecution said there was no doubt that she had been unaware and had not agreed.

Accused's Testimony

The defendant told the court the videos were simply “sex scenes” 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 house, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I tried to halt,” the accused told the court. “I proceeded because he convinced me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I did not intend to hurt that individual.”

Victim's Response

The survivor, who was supported upon leaving court each day by onlookers assembled to support her, said to Dogan in court: “You do not grasp. When are you going to recognise you violated me? It’s a crime to assault an unaware woman. When did I ever give you permission? Not once.”

The victim, seventy-two, became an global icon after she waived her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, speaking to the victim in court, said Dogan’s refusal to take responsibility showed that: “The shame remains. The public is maybe in the course of that, maybe motivated by the collective awareness spurred by the publication of your ordeal.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still widespread in society as part of “archaic” forms of “male domination”. He said: “We need to change the culture of violence to a society based on agreement.”

The prosecutor told Dogan: “As long as you deny it, it’s not just a individual, it’s an whole disturbing cultural framework that you are upholding.”

Biographical Details

Dogan was born in Turkey and at the age of 5 moved to France, where his father worked as a building manager. The testimony revealed that his father was abusive and that the defendant began smoking cannabis aged 10. When he was 17 he was apprehended by police for dealing drugs and his parent kicked him out the residence. He served time in prison for drug dealing in his twenties and had worked as a builder but had undergone periods of being unhoused.

He was wed and had a son with special needs, who he was the principal carer for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had frequent extramarital activities outside their union. His defence said this was his way of coping with his difficult circumstances. Dogan had informed a evaluator that annually he sought commercial sex on his special day. His legal representatives told the court he had arthritis resulting from the anxiety of the first trial.