🔗 Share this article

A man has been found guilty on appeal of sexually assaulting Gisèle Pelicot following she was sedated by her spouse – and received his incarceration period increased to 10 years.

Appeal Trial

The defendant, 44, an unemployed builder, who had contested his first conviction last year, underwent a new trial this week at the higher court in Nîmes.

A panel of nine jurors, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her bedroom in the south of France in the morning of June 29, 2019.

The court heard that Dogan, a married father, made contact with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom named “without her consent”, where the husband was looking for men to visit his house to assault his wife once he had drugged her into a comatose state.

“We hope the jury will say loud and clear that in this society, fundamental rights are also rights of women – that agreement is personal, not transferred,” stated Gisèle Pelicot’s attorney, her legal representative. “Permission is secured personally and not by proxy from a husband.”

Case History

The ex-husband, a notorious sex offenders in recent French history, was given a prison term to 20 years in prison last year for drugging his then wife and soliciting dozens of men to sexually assault her in her home in the town of Mazan over a duration of many years of their union.

Numerous other individuals were found guilty in a notable trial last year, and Dogan was the sole individual to challenge his conviction. He was first given a sentence to nine years in prison, a sentence raised on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had contended he should serve 12 years, because he “absolutely refuses to take any blame”.

Courtroom Details

Dogan had initially sent the husband graphic images and then driven an hour from his town in the region to rape Gisèle Pelicot, after informing his wife he was going out, the testimony revealed.

Pelicot, who was brought from isolation in prison to briefly give evidence at the retrial, informed the court that Dogan had understood his wife had been “sedated” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep without her consent.”

The proceedings became a focus point for a larger conversation on rape culture in society as Dogan continued to say he was innocent and had not committed rape, stating that because the victim's husband had invited him into the room, his behavior had been justifiable.

The jury in the higher court was presented with visual proof of the victim's limp body, comatose and breathing heavily in a comatose state, while a smiling Dogan engaged in violation on several occasions over a duration of what police said was three and a half hours. The court official said she had been at risk of fatal outcome by suffocation. The state prosecution said there was no doubt that she had been incapacitated and had not given permission.

Accused's Testimony

The defendant informed the court the recordings were simply “sex scenes” and disputed it was assault. He said what he did was “a sexual act”, not assault. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I tried to halt,” the accused told the court. “I proceeded because he convinced me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to harm that individual.”

Pelicot's Words

The victim, who was applauded upon departing the trial each day by crowds gathered to stand with her, said to Dogan in court: “You fail to comprehend. When will you acknowledge you violated me? It’s a crime to rape an unconscious woman. When did I ever give you agreement? Not once.”

Gisèle Pelicot, 72, became an global icon after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, addressing Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “Guilt has not shifted. The community is maybe in the course of that, maybe motivated by the public consciousness brought by the exposure of your case.”

Sie said the defendant's claims of innocence showed how normalized violence was still prevalent in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change rape culture to a culture of consent.”

Sie said to the defendant: “For as much as you reject it, it’s not just a woman, it’s an entire sordid social system that you are upholding.”

Biographical Details

The accused was originated from Turkey and at the age of five came to the nation of France, where his parent worked as a building manager. The evidence indicated that his parent was violent and that Dogan began using drugs aged ten. When Dogan was seventeen he was apprehended by police for selling narcotics and his parent kicked him out the residence. He served time in prison for trafficking in his twenties and had worked as a builder but had experienced periods of living on the streets.

He was wed and had a child with Down’s syndrome, who he was the primary guardian for, as his wife worked in a institution's dining hall. The testimony revealed his wife did not know he had frequent intimate relations 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 once a year he looked for transactional encounters on his birthday. His legal representatives informed the court he had a medical condition caused by the anxiety of the first trial.