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An individual was declared guilty on appeal of sexually assaulting Gisèle Pelicot following she was sedated by her spouse – and received his incarceration period increased to a decade.

Retrial Proceedings

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

A panel of five men and four women, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her bedroom in southern France in the morning of 29 June 2019.

The court heard that Dogan, a married father, connected with the victim's husband at the time, the husband, in an digital platform named “unbeknownst to her”, where Pelicot was seeking men to visit his house to rape his wife once he had rendered her unconscious into a deep sleep.

“We hope the jury will say loud and clear that in this society, human rights are also rights of women – that permission is individual, not given by another,” declared Gisèle Pelicot’s lawyer, her legal representative. “Agreement is received directly and not via a representative from a spouse.”

Case History

The husband, a notorious sex offenders in France's contemporary records, was sentenced to two decades in prison last year for drugging his then wife and soliciting numerous individuals to sexually assault her in her home in the town of Mazan over a period of many years of their marriage.

Numerous other individuals were found culpable in a widely publicized trial last year, and the appellant was the single defendant to challenge his sentence. He was initially given a sentence to nine years in prison, a punishment enhanced on Thursday to a decade.

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

Testimony and Proof

Dogan had initially sent Dominique Pelicot graphic images and then traveled an hour from his town in Provence to assault Gisèle Pelicot, after notifying his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from segregation in prison to temporarily testify at the hearing, told the court that Dogan had been aware his wife had been “sedated” and he told to men by phone: “I seek someone to abuse my wife after I’ve sedated her without her consent.”

The trial became a key topic for a broader debate on sexual violence norms in society as Dogan continued to claim he was innocent and had not perpetrated assault, stating that because the victim's husband had welcomed him into the room, his behavior had been justifiable.

The panel in the higher court was presented with video evidence of Gisèle Pelicot’s limp body, sedated and breathing heavily in a comatose state, while a grinning Dogan engaged in violation multiple times over a duration of what investigators stated was 3.5 hours. The presiding judge said she had been at risk of death by choking. The state prosecution said there was no question that she had been unconscious and had not consented.

Dogan's Claims

Dogan stated to the court the videos were simply “sex scenes” and disputed it was violation. He said what he did was “a sexual act”, not assault. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan stated to the court. “I continued because he convinced me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I never wanted to hurt that lady.”

Victim's Response

The victim, who was cheered upon leaving court each day by supporters assembled to back her, addressed Dogan in court: “You fail to comprehend. When will you acknowledge you raped me? It’s a crime to assault an incapacitated woman. At what point did I give you permission? At no time.”

Gisèle Pelicot, 72, became an global icon after she relinquished her right to privacy in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, speaking to the victim in court, said Dogan’s failure to take accountability showed that: “The shame remains. The public is possibly in the course of that, perhaps driven by the societal understanding spurred by the publication of your situation.”

The prosecutor said Dogan’s claims of blamelessness showed how normalized violence was still common in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

Sie told the defendant: “For as much as you reject it, it’s not just a person, it’s an complete sordid cultural framework that you are upholding.”

Biographical Details

Dogan was originated from Turkey and at the age of 5 relocated to France, where his father worked as a caretaker. The evidence indicated that his parent was violent and that the defendant began using drugs aged 10. When he was 17 he was stopped by police for drug trafficking and his parent evicted him of home. He served time in prison for narcotics offenses in his twenties and had worked as a construction worker 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 wife worked in a institution's dining hall. The court heard his wife did not know he had regular sexual encounters outside their union. His legal team said this was his strategy for managing with his challenging existence. The defendant had stated to a court psychologist that annually he engaged in commercial sex on his birthday. His legal representatives informed the court he had joint inflammation resulting from the stress of the first trial.