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A defendant has been found guilty on higher court review of sexually assaulting Gisele Pelicot after she was sedated by her husband – and received his prison sentence extended to a decade.

Appeal Trial

The defendant, forty-four, an out-of-work construction worker, who had challenged his first conviction last year, underwent a retrial this week at the Nîmes court of appeal.

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

The testimony revealed that Dogan, a family man, reached out to the victim's husband at the time, Dominique Pelicot, in an online chatroom named “unbeknownst to her”, where the husband was seeking men to come to his home to rape his wife once he had sedated her into a deep sleep.

“We hope the court will say loud and clear that in this nation, fundamental rights are also rights of women – that permission is individual, not transferred,” declared the victim's lawyer, Antoine Camus. “Consent is received directly and not by proxy from a husband.”

Case History

Dominique Pelicot, a notorious sexual predators in France's contemporary records, was given a prison term to twenty years in prison last year for sedating his then wife and inviting numerous individuals to rape her in her home in the town of the village of Mazan over a period of many years of their marriage.

Dozens of additional defendants were found guilty in a high-profile trial last year, and Dogan was the sole individual to appeal against his verdict. He was originally given a sentence to nine years in prison, a penalty enhanced on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had contended he should serve twelve years, because he “absolutely refuses to take any accountability”.

Courtroom Details

The defendant had first sent the husband sexually explicit photos and then driven an hour from his residence in Provence to rape Gisèle Pelicot, after notifying his wife he was going out, the evidence indicated.

Pelicot, who was brought from isolation in prison to temporarily provide testimony at the appeal trial, told the court that the accused had known his wife had been “drugged” and he said to men by phone: “I want someone to assault my wife after I’ve put her to sleep without her knowledge.”

The courtroom became a key topic for a larger conversation on societal attitudes in society as Dogan continued to say he was innocent and had not perpetrated assault, contending that because the victim's husband had allowed him into the bedroom, his conduct had been permissible.

The panel in the higher court was presented with video evidence of Gisèle Pelicot’s limp body, sedated and snoring in a deep sleep, while a smiling Dogan performed assault multiple times over a timeframe of what police said was 3.5 hours. The presiding judge said she had been at risk of death by choking. The state's case said there was no doubt that she had been unaware and had not given permission.

Dogan's Claims

The defendant told the court the recordings were simply “sexual encounters” and disputed it was assault. He said what he did was “an intimate behavior”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused stated to the court. “I proceeded because he persuaded me.”

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

Pelicot's Words

The survivor, who was cheered upon departing the trial each day by supporters assembled to back her, said to Dogan in court: “You fail to comprehend. When will you admit you raped me? It is unlawful to rape an unconscious woman. When did I ever give you agreement? Not once.”

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

Legal Commentary

Sie, addressing Gisèle Pelicot in court, said Dogan’s refusal to take accountability showed that: “Guilt has not shifted. The community is maybe in the process of that, perhaps motivated by the public consciousness spurred by the publication of your situation.”

Sie said Dogan’s claims of non-guilt showed how rape culture was still prevalent in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a culture of consent.”

The prosecutor addressed the defendant: “As long as you refuse to admit it, it’s not just a individual, it’s an whole disturbing cultural framework that you are endorsing.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a caretaker. The testimony revealed that his parent was violent and that Dogan began consuming marijuana at the age of 10. When he was 17 he was stopped by authorities for dealing drugs and his father kicked him out of home. He served time in prison for drug dealing in his young adulthood and had worked as a builder but had undergone periods of living on the streets.

He was married and had a son with a genetic condition, who he was the main caregiver for, as his wife worked in a institution's dining hall. The court heard 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 difficult circumstances. The defendant had stated to a mental health expert that each year he looked for paid sex on his birthday. His lawyers stated to the court he had joint inflammation caused by the anxiety of the initial proceedings.