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An individual has been found guilty on higher court review of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her spouse – and received his prison sentence raised to 10 years.

Appeal Trial

The defendant, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, experienced a appeal hearing this week at the higher court in Nîmes.

A jury of five men and four women, accompanied by three judges, found Dogan guilty on Thursday of raping the victim in her home in southern France in the early hours of June 29, 2019.

The evidence showed that the accused, a family man, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum titled “without her knowledge”, where Pelicot was seeking men to visit his house to assault his wife once he had drugged her into a deep sleep.

We trust the jury will affirm that in this country, fundamental rights are also women’s rights – that permission is personal, not given by another,” stated the victim's attorney, Antoine Camus. “Permission is obtained directly and not through someone else from a spouse.”

Case History

Dominique Pelicot, a notorious sex offenders in recent French history, was sentenced to twenty years in prison last year for incapacitating his wife at the time and soliciting dozens of men to sexually assault her in her home in the community of the village of Mazan over a span of nearly ten years of their union.

Numerous other individuals were found guilty in a widely publicized trial last year, and Dogan was the single defendant to contest his sentence. He was first given a sentence to 9 years in prison, a punishment enhanced on Thursday to 10 years.

The state's attorney, the prosecutor, had argued he should serve twelve years, because he “stubbornly rejects to take any blame”.

Testimony and Proof

The defendant had initially sent the husband inappropriate pictures and then traveled an hour from his town in the region to rape Gisèle Pelicot, after telling his wife he was leaving, the evidence indicated.

Pelicot, who was transported from solitary confinement in prison to briefly testify at the retrial, informed the court that the accused had been aware his wife had been “sedated” and he communicated to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a focus point for a larger conversation on societal attitudes in society as Dogan continued to say he was blameless and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his actions had been justifiable.

The jury in the higher court was displayed recorded footage of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a comatose state, while a smiling the perpetrator 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 death by choking. The state prosecution said there was no question that she had been unaware and had not given permission.

Defendant's Statements

Dogan stated to the court the footage were simply “sexual encounters” 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 acceptable. He said he was deceived by the husband. “I tried to halt,” the accused told the court. “I carried on because he convinced me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I did not intend to harm that lady.”

Survivor's Statement

The victim, who was applauded upon leaving court each day by onlookers gathered to stand with her, told Dogan in court: “You do not grasp. When will you acknowledge you violated me? It is unlawful to rape an incapacitated woman. How could I have give you agreement? Never.”

The victim, 72, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, addressing Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “The shame remains. Society is perhaps in the course of that, possibly driven by the collective awareness spurred by the publication of your ordeal.”

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

The prosecutor told Dogan: “For as much as you deny it, it’s not just a individual, it’s an entire unpleasant social system that you are supporting.”

Biographical Details

The accused was originated from the country of Turkey and at the age of 5 came to France, where his father worked as a building manager. The evidence indicated that his father was violent and that Dogan began consuming marijuana at the age of ten. When he was 17 he was caught by authorities for dealing drugs and his father kicked him out the residence. He spent time in prison for drug dealing in his twenties and had worked as a laborer but had faced periods of living on the streets.

He was wed and had a child with special needs, who he was the principal carer for, as his spouse worked in a school canteen. The court heard his wife did not know he had regular sexual encounters outside their marriage. His defence said this was his method of dealing with his stressful life. The defendant had informed a mental health expert that once a year he looked for paid sex on his birthday. His attorneys informed the court he had a medical condition resulting from the pressure of the first trial.