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A defendant was declared guilty on higher court review of sexually assaulting Gisèle Pelicot following she was sedated by her husband – and has had his incarceration period raised to ten years.

Retrial Proceedings

The defendant, forty-four, an unemployed builder, who had challenged his first conviction last year, underwent a new trial this week at the Nîmes court of appeal.

A jury of four women and five men, accompanied by three judges, found Dogan guilty on Thursday of raping the victim in her residence in the south of France in the early hours of 29 June 2019.

The court heard that the accused, a family man, made contact with the victim's husband at the time, the husband, in an digital platform named “without her knowledge”, where the husband was looking for men to enter his residence to assault his wife after he had drugged her into a unconscious state.

We trust the panel will declare that in this country, human rights are also rights of women – that agreement is individual, not delegated,” stated the victim's attorney, her legal representative. “Permission is secured personally and not via a representative from a husband.”

Case History

Dominique Pelicot, a notorious sex offenders in modern French history, was given a prison term to 20 years in prison last year for incapacitating his wife at the time and soliciting numerous individuals to sexually assault her in her home in the Provence village of the village of Mazan over a duration of many years of their union.

Dozens of additional defendants were found culpable in a high-profile trial last year, and Dogan was the sole individual to challenge his verdict. He was initially sentenced to 9 years in prison, a penalty raised on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had contended he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Courtroom Details

The defendant had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in Provence to assault the victim, after notifying his wife he was going out, the evidence indicated.

Pelicot, who was brought from isolation in prison to briefly give evidence at the appeal trial, stated to the court that the accused had been aware his wife had been “incapacitated” and he said to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a focus point for a wider discussion on societal attitudes in society as the defendant continued to assert he was not guilty and had not perpetrated assault, arguing that because the victim's husband had allowed him into the room, his actions had been acceptable.

The jury in the Nîmes appeals court was displayed visual proof of Gisèle Pelicot’s limp body, unconscious and snoring in a unconscious condition, while a smiling the perpetrator engaged in violation multiple times over a period of what authorities reported was several hours. The court official said she had been at danger of death by choking. The prosecution said there was no question that she had been unaware and had not agreed.

Accused's Testimony

Dogan told the court the recordings were simply “sex scenes” and disputed it was assault. He said what he did was “an intimate behavior”, not rape. 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 OK. He said he was influenced by the husband. “I wanted to stop,” Dogan stated to the court. “I carried on because he convinced me.”

Asked if he wanted to make a last words to the court, the defendant said: “I did not intend to harm that lady.”

Victim's Response

Gisèle Pelicot, who was supported upon leaving court each day by crowds gathered to support her, said to the defendant in court: “You haven’t understood. When will you admit you raped me? It’s a crime to assault an unconscious woman. How could I have give you permission? At no time.”

The victim, 72, became an global icon after she waived her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take responsibility showed that: “The shame remains. Society is possibly in the course of that, perhaps driven by the collective awareness resulting from the exposure of your situation.”

Sie said Dogan’s claims of blamelessness showed how societal tolerance was still widespread in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a society based on agreement.”

The prosecutor addressed Dogan: “As long as you refuse to admit it, it’s not just a person, it’s an whole disturbing societal structure that you are supporting.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five relocated to France, where his parent worked as a building manager. The testimony revealed that his father was violent and that Dogan began using drugs at the age of ten. When Dogan was 17 he was stopped by police for selling narcotics and his parent kicked him out the residence. He spent time in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had faced periods of being unhoused.

He was married and had a son with Down’s syndrome, who he was the main caregiver for, as his wife worked in a educational cafeteria. The evidence showed his spouse did not know he had frequent intimate relations outside their marriage. His legal team said this was his method of dealing with his challenging existence. Dogan had told a evaluator that annually he looked for paid sex on his special day. His legal representatives informed the court he had arthritis triggered by the stress of the original case.