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A man was convicted on retrial of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her then-husband – and was given his incarceration period extended to 10 years.

Appeal Trial

The defendant, 44, an out-of-work construction worker, who had appealed his first conviction last year, experienced a appeal hearing this week at the higher court in Nîmes.

A jury of five men and four women, joined by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her home in the south of France in the morning of June 29, 2019.

The testimony revealed that Dogan, a family man, connected with the victim's then husband, the husband, in an digital platform titled “unbeknownst to her”, where the husband was looking for men to enter his residence to assault his wife once he had drugged her into a unconscious state.

“We hope the panel will affirm that in this country, fundamental rights are also rights of women – that agreement is individual, not transferred,” said the victim's attorney, Antoine Camus. “Agreement is secured directly and not by proxy from a spouse.”

Case History

Dominique Pelicot, one of the worst sexual predators in modern French history, was given a prison term to twenty years in prison last year for drugging his spouse and bringing in numerous individuals to rape her in her home in the community of the village of Mazan over a duration of many years of their union.

Numerous other individuals were found culpable in a notable trial last year, and Dogan was the only man to challenge his conviction. He was initially handed a term to nine years in prison, a punishment raised on Thursday to ten years.

The state's attorney, Dominique Sie, had stated he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Evidence Presented

The defendant had first sent the husband inappropriate pictures and then driven an hour from his town in the region to assault the victim, after notifying his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from solitary confinement in prison to temporarily testify at the hearing, stated to the court that Dogan had been aware his wife had been “incapacitated” and he told to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a central issue for a larger conversation on societal attitudes in society as the defendant continued to assert he was innocent and had not perpetrated assault, arguing that because the victim's husband had welcomed him into the room, his actions had been justifiable.

The jury in the Nîmes appeals court was presented with video evidence of Gisèle Pelicot’s limp body, sedated and snoring in a comatose state, while a smiling Dogan engaged in violation on several occasions over a timeframe of what police said was 3.5 hours. The presiding judge said she had been at peril of death by asphyxiation. The state's case said there was no doubt that she had been unconscious and had not given permission.

Accused's Testimony

Dogan stated to the court the footage were simply “sex scenes” and rejected it was violation. He said what he did was “a sexual act”, not rape. He told the court: “I am innocent of assault.” He said the victim's husband had brought him to the residence, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I continued because he reassured me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I had no desire to hurt that lady.”

Victim's Response

The survivor, who was supported upon leaving court each day by supporters gathered to back her, told Dogan in court: “You fail to comprehend. When will you acknowledge you violated me? It is illegal to rape an incapacitated woman. When did I ever give you permission? At no time.”

Gisèle Pelicot, seventy-two, became an global icon after she waived her right to privacy in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, speaking to the victim in court, said the defendant's unwillingness to take accountability showed that: “Guilt has not shifted. Society is possibly in the course of that, maybe driven by the public consciousness spurred by the exposure of your ordeal.”

Sie said Dogan’s claims of non-guilt showed how rape culture was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change rape culture to a society based on agreement.”

Sie told Dogan: “While you refuse to admit it, it’s not just a individual, it’s an entire disturbing societal structure that you are upholding.”

Personal History

Dogan was originated from the country of Turkey and at the age of 5 moved to the nation of France, where his parent worked as a building manager. The testimony revealed that his parent was violent and that the defendant began using drugs at the age of ten. When he was seventeen he was stopped by authorities for selling narcotics and his father forced him to leave the family house. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a builder but had undergone periods of being unhoused.

He was wed and had a child with Down’s syndrome, who he was the primary guardian for, as his wife worked in a educational cafeteria. The testimony revealed his wife did not know he had repeated extramarital activities outside their marriage. His defence said this was his way of coping with his challenging existence. The defendant had told a mental health expert that each year he sought commercial sex on his birthday. His attorneys informed the court he had a medical condition caused by the stress of the initial proceedings.