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A man has been found guilty on higher court review of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her spouse – and was given his incarceration period increased to 10 years.

Retrial Proceedings

Dogan, forty-four, an out-of-work construction worker, who had challenged his initial guilty verdict last year, faced a new trial 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 raping Pelicot in her bedroom in the south of France in the early hours of June 29, 2019.

The testimony revealed that the accused, a family man, connected with the victim's spouse, the husband, in an internet forum titled “without her knowledge”, where the husband was seeking men to visit his house to assault his wife after he had drugged her into a comatose state.

We trust the jury will say loud and clear that in this country, human rights are also women’s rights – that agreement is individual, not delegated,” declared the victim's lawyer, Antoine Camus. “Permission is obtained directly and not via a representative from a husband.”

Case History

The ex-husband, one of the worst sex offenders in France's contemporary records, was given a prison term to two decades in prison last year for incapacitating his then wife and soliciting dozens of men to sexually assault her in her home in the town of the village of Mazan over a duration of almost a decade of their union.

Numerous other individuals were found culpable in a notable trial last year, and Dogan was the single defendant to challenge his conviction. He was initially handed a term to nine years in prison, a sentence enhanced on Thursday to 10 years.

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

Testimony and Proof

The defendant had first sent the husband sexually explicit photos and then traveled an hour from his village in Provence to assault Gisèle Pelicot, after notifying his wife he was stepping out, the court heard.

Pelicot, who was brought from isolation in prison to briefly give evidence at the retrial, informed the court that the accused had understood his wife had been “drugged” and he communicated to men by phone: “I want someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The proceedings became a central issue for a broader debate on rape culture in society as the defendant continued to claim he was innocent and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had allowed him into the residence, his actions had been acceptable.

The panel in the Nîmes appeals court was shown recorded footage of the victim's limp body, sedated and snoring in a unconscious condition, while a smiling Dogan engaged in violation on several occasions over a duration of what investigators stated was three and a half hours. The presiding judge said she had been at peril of fatal outcome by suffocation. The prosecution said there was no question that she had been incapacitated and had not consented.

Accused's Testimony

The defendant stated to the court the footage were simply “intimate moments” and rejected it was violation. He said what he did was “an intimate behavior”, not assault. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I continued because he persuaded me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to injure that individual.”

Survivor's Statement

The victim, who was cheered upon leaving court each day by onlookers present to support her, told the defendant in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is illegal to assault an unaware woman. When did I ever give you agreement? At no time.”

Gisèle Pelicot, 72, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's unwillingness to take blame showed that: “Shame has not yet changed sides. Society is maybe in the process of that, maybe propelled by the societal understanding brought by the revelation of your case.”

Sie said the defendant's claims of blamelessness showed how societal tolerance was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change rape culture to a ethos of permission.”

The prosecutor said to the defendant: “As long as you reject it, it’s not just a individual, it’s an complete unpleasant social system that you are supporting.”

Personal History

The accused was originated from Turkey and at the age of five moved to the nation of France, where his parent worked as a building manager. The evidence indicated that his parent was aggressive and that the defendant began using drugs at the age of ten. When Dogan was 17 he was caught by authorities for selling narcotics and his parent forced him to leave of home. He spent time in prison for drug dealing in his early 20s and had worked as a laborer but had experienced periods of homelessness.

He was married and had a son with special needs, who he was the principal carer for, as his wife worked in a institution's dining hall. The testimony revealed his wife did not know he had regular sexual encounters outside their marriage. His legal team said this was his method of dealing with his stressful life. The defendant had informed a mental health expert that once a year he looked for commercial sex on his special day. His lawyers stated to the court he had a medical condition resulting from the stress of the initial proceedings.