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An individual was convicted on higher court review of sexually assaulting Gisèle Pelicot after she was sedated by her then-husband – and received his incarceration period extended to a decade.

Higher Court Case

Dogan, 44, an unemployed builder, who had appealed his first conviction last year, underwent a retrial this week at the appeals court in Nîmes.

A panel of five men and four women, joined by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her home in Provence in the early hours of 29 June 2019.

The testimony revealed that Dogan, a family man, reached out to Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom named “without her consent”, where Pelicot was looking for men to visit his house 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 country, fundamental rights are also rights of women – that consent is personal, not given by another,” declared the victim's attorney, Antoine Camus. “Agreement is received directly and not via a representative from a husband.”

Case History

The husband, one of the worst 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 Provence village of the village of Mazan over a duration of many years of their marriage.

Fifty other men were found convicted in a high-profile trial last year, and the appellant was the sole individual to challenge his conviction. He was originally given a sentence to 9 years in prison, a penalty enhanced on Thursday to ten years.

The state's attorney, the prosecutor, had contended he should serve 12 years, because he “absolutely refuses to take any blame”.

Testimony and Proof

Dogan had initially sent the husband inappropriate pictures and then driven an hour from his town in the region to rape the victim, after notifying his wife he was stepping out, the court heard.

Pelicot, who was brought from solitary confinement 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 told to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a central issue for a broader debate on sexual violence norms in society as Dogan continued to say he was blameless and had not engaged in violation, contending that because the victim's husband had allowed him into the residence, his actions had been acceptable.

The jury in the Nîmes appeals court was shown recorded footage of the victim's limp body, sedated and breathing heavily in a deep sleep, while a smiling Dogan performed assault multiple times over a duration of what police said was 3.5 hours. The court official said she had been at peril of death by choking. The prosecution said there was no question that she had been unaware and had not consented.

Dogan's Claims

The defendant told the court the footage were simply “sexual encounters” and denied it was assault. He said what he did was “a sexual act”, not assault. He told the court: “I am innocent of assault.” He said the victim's husband had allowed him to the house, and therefore it was acceptable. He said he was influenced by the husband. “I attempted to cease,” the accused told the court. “I carried on because he persuaded me.”

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

Victim's Response

The victim, who was cheered upon leaving court each day by supporters present to back her, addressed the defendant in court: “You haven’t understood. When will you admit you assaulted me? It is illegal to assault an unconscious woman. At what point did I give you consent? Never.”

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

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's refusal to take responsibility showed that: “Guilt has not shifted. Society is perhaps in the midst of that, maybe driven by the societal understanding spurred by the exposure of your ordeal.”

Sie said Dogan’s claims of non-guilt showed how societal tolerance was still common in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a culture of consent.”

Sie addressed Dogan: “While you reject it, it’s not just a individual, it’s an whole disturbing social system that you are upholding.”

Biographical Details

Dogan was originated from Turkey and at the age of 5 moved to the nation of France, where his parent worked as a concierge. The evidence indicated that his father was abusive and that Dogan began using drugs aged ten. When he was 17 he was caught by police for selling narcotics and his father forced him to leave the family house. He served time in prison for narcotics offenses in his twenties and had worked as a laborer but had experienced periods of living on the streets.

He was married and had a son with special needs, who he was the main caregiver for, as his spouse worked in a school canteen. The court heard his spouse did not know he had frequent intimate relations outside their union. His defence said this was his method of dealing with his challenging existence. The defendant had stated to a mental health expert that each year he engaged in paid sex on his birthday. His lawyers told the court he had arthritis caused by the stress of the original case.