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A man was convicted on appeal of sexually assaulting Gisele Pelicot following she was drugged unconscious by her spouse – and has had his incarceration period raised to 10 years.

Retrial Proceedings

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

A jury of nine jurors, joined by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her home in southern France in the morning of June 29, 2019.

The court heard that Dogan, a married father, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an digital platform called “without her knowledge”, where Pelicot was recruiting men to come to his home to rape his wife once he had rendered her unconscious into a deep sleep.

“We hope the court will affirm that in this country, fundamental rights are also rights of women – that agreement is individual, not transferred,” stated the victim's attorney, Antoine Camus. “Permission is received personally and not by proxy from a husband.”

Case History

The husband, a notorious sexual predators in modern French history, was given a prison term to twenty years in prison last year for drugging his spouse and soliciting numerous individuals to sexually assault her in her home in the Provence village of Mazan over a span of many years of their marriage.

Fifty other men were found convicted in a notable trial last year, and Dogan was the only man to appeal against his conviction. He was first handed a term to 9 years in prison, a sentence raised on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had contended he should serve twelve years, because he “completely denies to take any accountability”.

Testimony and Proof

The defendant had first sent the husband inappropriate pictures and then driven an hour from his town in the region to rape Gisèle Pelicot, after informing his wife he was leaving, the testimony revealed.

The ex-husband, who was transported from isolation in prison to temporarily give evidence at the appeal trial, told the court that Dogan had known his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her knowledge.”

The proceedings became a focus point for a wider discussion on societal attitudes in society as Dogan continued to claim he was not guilty and had not engaged in violation, stating that because the victim's husband had welcomed him into the bedroom, his behavior had been justifiable.

The jury in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s limp body, sedated and snoring in a unconscious condition, while a grinning the perpetrator performed assault repeatedly over a timeframe of what authorities reported was several hours. The judge said she had been at risk of fatal outcome by suffocation. The state's case said there was no doubt that she had been incapacitated and had not given permission.

Dogan's Claims

The defendant informed the court the videos were simply “sex scenes” and denied it was assault. He said what he did was “an intimate behavior”, not assault. He declared the court: “I never raped.” He said the victim's husband had allowed him to the residence, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan stated to the court. “I carried on because he reassured me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I never wanted to hurt that lady.”

Pelicot's Words

The survivor, who was supported upon departing the trial each day by crowds gathered to back her, addressed the defendant in court: “You fail to comprehend. When are you going to recognise you assaulted me? It’s a crime to rape an unconscious woman. How could I have give you agreement? Never.”

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

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s failure to take accountability showed that: “Guilt has not shifted. The community is possibly in the course of that, perhaps propelled by the societal understanding resulting from the publication of your case.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still widespread in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change the culture of violence to a culture of consent.”

The prosecutor told Dogan: “While you refuse to admit it, it’s not just a woman, it’s an complete unpleasant social system that you are upholding.”

Personal History

The accused was originated from Turkey and at the age of five moved to France, where his parent worked as a concierge. The evidence indicated that his parent was aggressive and that Dogan began consuming marijuana aged ten. When he was 17 he was caught by police for dealing drugs and his father forced him to leave of home. He served time in prison for narcotics offenses in his early 20s and had worked as a construction worker but had experienced periods of homelessness.

He was married and had a son with special needs, who he was the primary guardian for, as his spouse worked in a school canteen. The evidence showed his spouse did not know he had repeated sexual encounters beyond their marriage. His legal team said this was his strategy for managing with his stressful life. Dogan had informed a evaluator that once a year he looked for commercial sex on his special day. His legal representatives stated to the court he had a medical condition resulting from the stress of the original case.