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A man was declared guilty on appeal of sexually assaulting Gisèle Pelicot after she was sedated by her then-husband – and has had his incarceration period increased to 10 years.

Appeal Trial

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

A jury of nine jurors, joined by three judges, ruled against Dogan on Thursday of raping the victim in her home in southern France in the early hours of 29 June 2019.

The court heard that the accused, a family man, connected with Gisèle Pelicot’s then husband, the husband, in an online chatroom titled “unbeknownst to her”, where Pelicot was looking for men to visit his house to rape his wife after he had drugged her into a unconscious state.

We expect the court will declare that in this nation, fundamental rights are also women’s rights – that consent is personal, not transferred,” stated Gisèle Pelicot’s lawyer, her legal representative. “Agreement is received personally and not by proxy from a spouse.”

Case History

The husband, one of the worst sex offenders in France's contemporary records, was given a prison term to twenty years in prison last year for drugging his then wife and bringing in dozens of men to sexually assault her in her home in the town of Mazan over a duration of almost a decade of their marriage.

Numerous other individuals were found culpable in a high-profile trial last year, and the appellant was the single defendant to challenge his verdict. He was first sentenced to nine years in prison, a punishment enhanced on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had argued he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

Dogan had initially sent the husband sexually explicit photos and then traveled an hour from his residence in the region to rape Gisèle Pelicot, after informing his wife he was stepping out, the court heard.

The ex-husband, who was transported from isolation in prison to briefly provide testimony at the retrial, informed the court that the accused had been aware his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a key topic for a broader debate on societal attitudes in society as Dogan continued to assert he was not guilty and had not perpetrated assault, contending that because the victim's husband had invited him into the room, his behavior had been justifiable.

The panel in the Nîmes appeals court was displayed recorded footage of the victim's unresponsive form, comatose and snoring in a unconscious condition, while a grinning the perpetrator engaged in violation multiple times over a timeframe of what authorities reported was three and a half hours. The court official said she had been at danger of death by asphyxiation. The state prosecution said there was absolute certainty that she had been unconscious and had not consented.

Dogan's Claims

Dogan told the court the recordings were simply “sexual encounters” and denied it was violation. He said what he did was “a consensual activity”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused stated to the court. “I proceeded because he reassured me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to injure that woman.”

Survivor's Statement

The survivor, who was applauded upon departing the trial each day by supporters gathered to back her, told Dogan in court: “You do not grasp. When will you acknowledge you violated me? It’s a crime to assault an unaware woman. At what point did I give you permission? At no time.”

The victim, seventy-two, became an global icon after she relinquished her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, turning to the victim in court, said the defendant's refusal to take responsibility showed that: “The shame remains. Society is perhaps in the process of that, possibly driven by the public consciousness resulting from the exposure of your situation.”

Sie said Dogan’s claims of innocence showed how normalized violence was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change the culture of violence to a society based on agreement.”

The prosecutor said to the defendant: “For as much as you refuse to admit it, it’s not just a person, it’s an complete sordid social system that you are supporting.”

Personal History

The accused was originated from the country of Turkey and at the age of five came to France, where his parent worked as a caretaker. The court heard that his father was abusive and that the defendant began using drugs aged ten. When he was seventeen he was caught by authorities for dealing drugs and his father forced him to leave of home. He was incarcerated in prison for drug dealing in his early 20s and had worked as a construction worker but had undergone 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 spouse worked in a educational cafeteria. The court heard his wife did not know he had frequent sexual encounters beyond their union. His legal team said this was his method of dealing with his challenging existence. Dogan had stated to a evaluator that each year he engaged in transactional encounters on his special day. His legal representatives told the court he had a medical condition triggered by the pressure of the initial proceedings.