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A defendant was declared guilty on retrial of sexually assaulting Gisèle Pelicot following she was sedated by her then-husband – and received his incarceration period extended to 10 years.

Retrial Proceedings

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 Nîmes court of appeal.

A panel of four women and five men, 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 29 June 2019.

The testimony revealed that Dogan, a family man, reached out to Gisèle Pelicot’s then husband, the husband, in an online chatroom titled “unbeknownst to her”, where the husband was recruiting men to enter his residence to assault his wife after he had drugged her into a unconscious state.

We expect the court will affirm that in this society, fundamental rights are also rights of women – that consent is individual, not delegated,” said the victim's attorney, Antoine Camus. “Permission is received directly and not via a representative from a husband.”

Case History

Dominique Pelicot, a notorious sexual predators in recent French history, was given a prison term to two decades in prison last year for incapacitating his wife at the time and bringing in numerous individuals to sexually assault her in her home in the Provence village of Mazan over a span of almost a decade of their marriage.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and the appellant was the only man to contest his sentence. He was first given a sentence to 9 years in prison, a punishment raised on Thursday to a decade.

The chief prosecutor, the prosecutor, 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 inappropriate pictures and then driven an hour from his village in Provence to rape Gisèle Pelicot, after informing his wife he was stepping out, the evidence indicated.

The ex-husband, who was brought from segregation in prison to briefly testify at the hearing, informed the court that the accused had understood his wife had been “sedated” and he said to men by phone: “I seek someone to violate my wife after I’ve put her to sleep without her consent.”

The courtroom became a focus point for a wider discussion on societal attitudes in society as the defendant continued to claim he was innocent and had not perpetrated assault, arguing that because the victim's husband had invited him into the residence, his behavior had been justifiable.

The jury in the higher court was displayed video evidence of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a deep sleep, while a grinning Dogan committed rape multiple times over a period of what investigators stated was several hours. The court official said she had been at risk of fatal outcome by asphyxiation. The state's case said there was no doubt that she had been incapacitated and had not agreed.

Dogan's Claims

The defendant stated to the court the recordings were simply “sexual encounters” and denied it was rape. He said what he did was “a sexual act”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was OK. He said he was influenced by the husband. “I tried to halt,” the accused told the court. “I proceeded because he reassured me.”

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

Survivor's Statement

Gisèle Pelicot, who was cheered upon leaving court each day by supporters gathered to stand with her, addressed the defendant in court: “You haven’t understood. When will you acknowledge you assaulted me? It is unlawful to assault an incapacitated woman. At what point did I give you permission? Never.”

The victim, 72, became an symbol of resistance after she gave up her right to privacy in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, speaking to the victim in court, said the defendant's failure to take responsibility showed that: “Shame has not yet changed sides. Society is possibly in the midst of that, possibly driven by the public consciousness resulting from the revelation of your situation.”

Sie said the defendant's claims of blamelessness showed how societal tolerance was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change rape culture to a society based on agreement.”

Sie told the defendant: “While you deny it, it’s not just a individual, it’s an whole disturbing societal structure that you are supporting.”

Biographical Details

Dogan was born in the country of Turkey and at the age of 5 came to the nation of France, where his parent worked as a concierge. The court heard that his parent was abusive and that the defendant began smoking cannabis at the age of 10. When Dogan was 17 he was apprehended by authorities for drug trafficking and his father forced him to leave the family house. He served time in prison for trafficking in his young adulthood and had worked as a builder but had faced periods of being unhoused.

He was married and had a child with special needs, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The evidence showed his wife did not know he had frequent extramarital activities beyond their marriage. His legal team said this was his method of dealing with his challenging existence. The defendant had informed a evaluator that once a year he sought transactional encounters on his birthday. His lawyers stated to the court he had joint inflammation resulting from the pressure of the initial proceedings.