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A man has been found guilty on appeal of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her spouse – and was given his jail term extended to 10 years.

Retrial Proceedings

The defendant, 44, an unemployed builder, who had contested his initial guilty verdict last year, faced a retrial this week at the Nîmes court of appeal.

A panel of four women and five men, joined by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her residence in Provence in the morning of June 29, 2019.

The court heard that the accused, a family man, connected with the victim's spouse, the husband, in an online chatroom named “without her knowledge”, where Pelicot was seeking men to enter his residence to assault his wife after he had rendered her unconscious into a comatose state.

We trust the court will say loud and clear that in this nation, human rights are also rights of women – that consent is individual, not transferred,” stated the victim's lawyer, her legal representative. “Consent is received directly and not by proxy from a spouse.”

Case History

Dominique Pelicot, a notorious sex offenders in France's contemporary records, was handed a sentence 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 Provence village of Mazan over a period of almost a decade of their marriage.

Numerous other individuals were found guilty in a high-profile trial last year, and the appellant was the single defendant to contest his sentence. He was initially sentenced to nine years in prison, a sentence raised on Thursday to a decade.

The chief prosecutor, the prosecutor, had contended he should serve 12 years, because he “completely denies to take any responsibility”.

Testimony and Proof

Dogan had first sent Dominique Pelicot graphic images and then driven an hour from his village in the region to rape 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 retrial, informed the court that Dogan had been aware his wife had been “drugged” and he told to men by phone: “I want someone to assault my wife after I’ve put her to sleep without her consent.”

The courtroom became a key topic for a wider discussion on societal attitudes in society as the defendant continued to assert he was innocent and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had invited him into the residence, his behavior had been acceptable.

The panel in the higher court was displayed visual proof of the victim's unconscious figure, comatose and snoring in a unconscious condition, while a grinning the perpetrator committed rape on several occasions over a period of what police said was three and a half hours. The court official said she had been at risk of fatal outcome by choking. The state prosecution said there was absolute certainty that she had been incapacitated and had not given permission.

Dogan's Claims

The defendant told the court the recordings were simply “intimate moments” and rejected it was assault. He said what he did was “a consensual activity”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was permissible. He said he was influenced by the husband. “I wanted to stop,” the accused stated to the court. “I carried on because he persuaded me.”

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

Survivor's Statement

The survivor, who was supported upon leaving court each day by supporters assembled to back her, addressed Dogan in court: “You do not grasp. When will you admit you violated me? It’s a crime to rape an unaware woman. When did I ever give you consent? Never.”

Gisèle Pelicot, 72, 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, turning to the victim in court, said Dogan’s refusal to take accountability showed that: “Guilt has not shifted. The community is maybe in the midst of that, possibly motivated by the collective awareness brought by the publication 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: “It is imperative to change rape culture to a society based on agreement.”

Sie said to Dogan: “While you deny it, it’s not just a person, it’s an complete unpleasant cultural framework that you are supporting.”

Biographical Details

The accused was originated from Turkey and at the age of five came to France, where his parent worked as a caretaker. The testimony revealed that his father was abusive and that Dogan began consuming marijuana at the age of ten. When he was 17 he was caught by authorities for dealing drugs and his parent forced him to leave the residence. He served time in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had faced periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the principal carer for, as his wife worked in a institution's dining hall. The court heard his wife did not know he had frequent intimate relations beyond their union. His legal team said this was his way of coping with his challenging existence. The defendant had stated to a court psychologist that once a year he sought paid sex on his birthday. His lawyers informed the court he had a medical condition triggered by the stress of the initial proceedings.