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A defendant has been found guilty on appeal of sexually assaulting Gisele Pelicot following she was drugged unconscious by her then-husband – and was given his jail term increased to a decade.

Appeal Trial

Dogan, forty-four, an unemployed builder, who had challenged his first conviction last year, experienced a new trial this week at the higher court in Nîmes.

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

The court heard that Dogan, a married father, connected with Gisèle Pelicot’s spouse, the husband, in an internet forum called “without her consent”, where the husband was looking for men to come to his home to rape his wife after he had sedated her into a unconscious state.

“We hope the court will say loud and clear that in this society, fundamental rights are also women’s rights – that agreement is individual, not given by another,” stated Gisèle Pelicot’s lawyer, her legal representative. “Permission is secured directly and not by proxy from a husband.”

Case History

The husband, a notorious sexual predators in recent French history, was handed a sentence to 20 years in prison last year for drugging his spouse and soliciting multiple perpetrators to rape her in her home in the Provence village of the village of Mazan over a span of many years of their union.

Numerous other individuals were found guilty in a notable trial last year, and the appellant was the single defendant to contest his conviction. He was originally sentenced to nine years in prison, a penalty enhanced on Thursday to 10 years.

The state's attorney, Dominique Sie, had argued he should serve twelve years, because he “completely denies to take any responsibility”.

Courtroom Details

The defendant had initially sent the husband sexually explicit photos and then traveled an hour from his town in the region to assault Gisèle Pelicot, after informing his wife he was leaving, the evidence indicated.

Pelicot, who was brought from solitary confinement in prison to briefly give evidence at the hearing, informed the court that the accused had understood his wife had been “sedated” and he said to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep without her knowledge.”

The trial became a central issue for a broader debate on rape culture in society as Dogan continued to assert he was blameless and had not committed rape, stating that because the victim's husband had invited him into the bedroom, his conduct had been acceptable.

The panel in the higher court was shown video evidence of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a comatose state, while a grinning Dogan performed assault on several occasions over a period of what police said was several hours. The presiding judge said she had been at peril of fatal outcome by suffocation. The state's case said there was no doubt that she had been incapacitated and had not agreed.

Dogan's Claims

Dogan informed the court the recordings were simply “sex scenes” and rejected it was rape. He said what he did was “a consensual activity”, not rape. He told the court: “I never raped.” He said the victim's husband had invited him to the house, and therefore it was permissible. He said he was manipulated by the husband. “I attempted to cease,” Dogan told the court. “I proceeded because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to hurt that individual.”

Victim's Response

The victim, who was supported upon leaving court each day by onlookers present to back her, told Dogan in court: “You haven’t understood. When will you acknowledge you violated me? It is unlawful to assault an incapacitated woman. At what point did I give you permission? At no time.”

The victim, seventy-two, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, turning to the victim in court, said Dogan’s unwillingness to take responsibility showed that: “The shame remains. Society is maybe in the course of that, maybe motivated by the collective awareness spurred by the revelation of your situation.”

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

Sie told Dogan: “While you refuse to admit it, it’s not just a person, it’s an complete unpleasant societal structure that you are supporting.”

Defendant's Background

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 caretaker. The evidence indicated that his parent was violent and that the defendant began smoking cannabis aged ten. When he was seventeen he was caught by authorities for dealing drugs and his father forced him to leave of home. He served time in prison for narcotics offenses in his young adulthood and had worked as a laborer but had experienced periods of homelessness.

He was married and had a child with special needs, who he was the primary guardian for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had frequent extramarital activities beyond their union. His defence said this was his way of coping with his challenging existence. The defendant had stated to a mental health expert that once a year he looked for transactional encounters on his special day. His legal representatives told the court he had joint inflammation caused by the anxiety of the first trial.