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A man has been found guilty on appeal of sexually assaulting Gisele Pelicot after she was sedated by her husband – and received his incarceration period raised to a decade.

Retrial Proceedings

The defendant, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, experienced a retrial this week at the higher court in Nîmes.

A jury of four women and five men, sitting with three judges, ruled against Dogan on Thursday of raping the victim in her home in southern France in the morning of June 29, 2019.

The testimony revealed that Dogan, a family man, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform called “without her consent”, where Pelicot was recruiting men to enter his residence to rape his wife after he had sedated her into a unconscious state.

We trust the jury will say loud and clear that in this society, fundamental rights are also rights of women – that permission is personal, not given by another,” stated the victim's attorney, her legal representative. “Permission is obtained personally and not through someone else from a husband.”

Case History

Dominique Pelicot, one of the worst sex offenders in modern French history, was handed a sentence to twenty years in prison last year for drugging his spouse and soliciting dozens of men to rape her in her home in the Provence village of Mazan over a period of many years of their union.

Numerous other individuals were found guilty in a widely publicized trial last year, and the appellant was the only man to appeal against his conviction. He was originally sentenced to nine years in prison, a punishment raised on Thursday to ten years.

The lead state prosecutor, the prosecutor, had argued he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

The defendant had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his residence in the region to assault the victim, after notifying his wife he was leaving, the court heard.

The ex-husband, who was brought from solitary confinement in prison to temporarily testify at the appeal trial, informed the court that the accused had understood his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a central issue for a larger conversation on societal attitudes in society as Dogan continued to claim he was not guilty and had not committed rape, arguing that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his conduct had been permissible.

The jury in the Nîmes appeals court was presented with recorded footage of the victim's unresponsive form, sedated and snoring in a unconscious condition, while a smiling Dogan committed rape multiple times over a timeframe of what authorities reported was 3.5 hours. The court official said she had been at peril of fatal outcome by suffocation. The state's case said there was no question that she had been incapacitated and had not given permission.

Accused's Testimony

Dogan stated to the court the recordings were simply “sex scenes” and rejected it was assault. He said what he did was “a sexual act”, not rape. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I continued because he persuaded me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I had no desire to harm that woman.”

Survivor's Statement

Gisèle Pelicot, who was supported upon leaving court each day by onlookers gathered to stand with her, addressed Dogan in court: “You haven’t understood. When will you acknowledge you raped me? It is unlawful to rape an unconscious woman. At what point did I give you permission? Never.”

Gisèle Pelicot, 72, became an global icon after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, speaking to the victim in court, said Dogan’s refusal to take responsibility showed that: “The shame remains. The community is maybe in the process of that, maybe propelled by the collective awareness brought by the publication of your ordeal.”

The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change rape culture to a ethos of permission.”

The prosecutor told the defendant: “As long as you deny it, it’s not just a woman, it’s an whole sordid societal structure that you are endorsing.”

Biographical Details

Dogan was born in the country of Turkey and at the age of 5 came to France, where his parent worked as a concierge. The testimony revealed that his parent was abusive and that the defendant began using drugs at the age of 10. When he was seventeen he was stopped by authorities for dealing drugs and his father evicted him of home. He served time in prison for trafficking in his twenties and had worked as a construction worker but had undergone periods of being unhoused.

He was married and had a son with special needs, who he was the primary guardian for, as his wife worked in a educational cafeteria. The evidence showed his spouse did not know he had repeated sexual encounters beyond their union. His defence said this was his way of coping with his difficult circumstances. Dogan had informed a mental health expert that once a year he looked for commercial sex on his birthday. His legal representatives told the court he had arthritis triggered by the pressure of the initial proceedings.