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A man was declared guilty on higher court review of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her spouse – and was given his prison sentence raised to a decade.

Retrial Proceedings

Dogan, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, underwent a appeal hearing this week at the higher court in Nîmes.

A panel of nine jurors, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in southern France in the morning of 29 June 2019.

The evidence showed that Dogan, a family man, made contact with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom named “without her knowledge”, where the husband was looking for men to come to his home to assault his wife after he had drugged her into a unconscious state.

We expect the panel will affirm that in this nation, human rights are also rights of women – that permission is individual, not transferred,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Permission is secured personally and not through someone else from a husband.”

Case History

Dominique Pelicot, one of the worst sex offenders in France's contemporary records, was handed a sentence to 20 years in prison last year for sedating his then wife and inviting dozens of men to rape her in her home in the town of Mazan over a duration of nearly ten years of their marriage.

Numerous other individuals were found convicted in a high-profile trial last year, and the appellant was the only man to contest his verdict. He was originally sentenced to 9 years in prison, a punishment increased on Thursday to 10 years.

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

Testimony and Proof

Dogan had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his residence in the region to rape Gisèle Pelicot, after telling his wife he was leaving, the testimony revealed.

Pelicot, who was brought from segregation in prison to briefly testify at the retrial, told the court that the accused had been aware his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious without her consent.”

The trial became a central issue for a larger conversation on societal attitudes in society as Dogan continued to claim he was innocent and had not engaged in violation, contending that because Gisèle Pelicot’s husband had welcomed him into the room, his actions had been permissible.

The jury in the higher court was shown visual proof of the victim's unconscious figure, comatose and breathing heavily in a comatose state, while a smiling the perpetrator committed rape multiple times over a timeframe of what investigators stated was several hours. The presiding judge said she had been at peril of death by choking. The state's case said there was no question that she had been unconscious and had not consented.

Defendant's Statements

Dogan informed the court the footage were simply “sexual encounters” and denied it was rape. He said what he did was “a consensual activity”, not assault. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I proceeded because he convinced me.”

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

Victim's Response

The survivor, who was supported upon departing the trial each day by crowds assembled to back her, addressed Dogan in court: “You haven’t understood. When will you admit you violated me? It is illegal to assault an unconscious woman. At what point did I give you consent? Not once.”

Gisèle Pelicot, 72, became an global icon after she waived her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, turning to the victim in court, said the defendant's refusal to take accountability showed that: “The shame remains. Society is perhaps in the process of that, maybe motivated by the collective awareness brought by the exposure of your situation.”

The prosecutor said the defendant's claims of non-guilt showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

The prosecutor addressed Dogan: “For as much as you deny it, it’s not just a individual, it’s an entire sordid societal structure that you are supporting.”

Defendant's Background

The accused was born in Turkey and at the age of five moved to the nation of France, where his father worked as a concierge. The evidence indicated that his father was aggressive and that Dogan began consuming marijuana at the age of 10. When he was 17 he was stopped by authorities for selling narcotics and his father evicted him the family house. He spent time in prison for trafficking in his early 20s and had worked as a construction worker 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 spouse worked in a school canteen. The evidence showed his wife did not know he had frequent extramarital activities beyond their union. His defence said this was his method of dealing with his challenging existence. Dogan had informed a court psychologist that once a year he sought paid sex on his birthday. His lawyers told the court he had a medical condition resulting from the stress of the first trial.