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A man has been found guilty on retrial of sexually assaulting Gisele Pelicot following she was sedated by her then-husband – and was given his prison sentence extended to a decade.

Appeal Trial

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

A jury of nine jurors, sitting with three judges, found Dogan guilty on Thursday of raping the victim in her residence in southern France in the early hours of June 29, 2019.

The testimony revealed that Dogan, a married father, reached out to the victim's spouse, Dominique Pelicot, in an internet forum named “without her knowledge”, where the husband was seeking men to enter his residence to assault his wife after he had sedated her into a unconscious state.

We trust the court will say loud and clear that in this country, human rights are also rights of women – that permission is personal, not given by another,” said the victim's lawyer, her legal representative. “Permission is received personally and not by proxy from a spouse.”

Case History

The husband, among the most severe sexual predators in France's contemporary records, was handed a sentence to two decades in prison last year for incapacitating his wife at the time and soliciting numerous individuals to rape her in her home in the town of Mazan over a duration of nearly ten years of their union.

Dozens of additional defendants were found convicted in a high-profile trial last year, and the appellant was the only man to appeal against his sentence. He was originally sentenced to 9 years in prison, a penalty increased on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had contended he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Courtroom Details

The defendant had first sent the husband sexually explicit photos and then traveled an hour from his village in Provence to rape the victim, after informing his wife he was leaving, the testimony revealed.

Pelicot, who was transported from isolation in prison to temporarily provide testimony at the hearing, told the court that Dogan had understood his wife had been “incapacitated” and he said to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a key topic for a broader debate on societal attitudes in society as the defendant continued to claim he was innocent and had not engaged in violation, stating that because Gisèle Pelicot’s husband had welcomed him into the residence, his actions had been acceptable.

The jury in the higher court was shown video evidence of Gisèle Pelicot’s unconscious figure, comatose and snoring in a comatose state, while a grinning Dogan committed rape repeatedly over a duration of what authorities reported was several hours. The judge said she had been at peril of fatal outcome by suffocation. The state prosecution said there was no question that she had been unconscious and had not agreed.

Defendant's Statements

The defendant told the court the videos were simply “sex scenes” and disputed it was assault. He said what he did was “a consensual activity”, not rape. He stated the court: “I am innocent of assault.” He said the victim's husband had invited him to the home, and therefore it was OK. He said he was influenced by the husband. “I tried to halt,” Dogan stated to the court. “I carried on because he persuaded me.”

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

Victim's Response

The survivor, who was cheered upon leaving court each day by crowds gathered to support her, said to Dogan in court: “You haven’t understood. When will you admit you violated me? It is unlawful to assault an unconscious woman. At what point did I give you permission? Not once.”

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

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's failure to take blame showed that: “Guilt has not shifted. The community is possibly in the course of that, possibly propelled by the public consciousness resulting from the exposure of your situation.”

The prosecutor said Dogan’s claims of blamelessness showed how rape culture was still prevalent in society as part of “archaic” forms of “male domination”. He said: “Now we must change the culture of violence to a society based on agreement.”

Sie addressed Dogan: “While you reject it, it’s not just a individual, it’s an whole sordid societal structure that you are upholding.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of five came to the nation of France, where his parent worked as a concierge. The testimony revealed that his father was abusive and that Dogan began using drugs at the age of 10. When Dogan was seventeen he was caught by authorities for dealing drugs and his parent kicked him out of home. He was incarcerated in prison for trafficking in his early 20s and had worked as a builder but had undergone periods of homelessness.

He was wed and had a son with special needs, who he was the main caregiver for, as his spouse worked in a school canteen. The court heard his spouse did not know he had regular intimate relations beyond their union. His legal team said this was his method of dealing with his difficult circumstances. The defendant had stated to a evaluator that each year he looked for transactional encounters on his birthday. His attorneys informed the court he had joint inflammation caused by the stress of the original case.