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A man was convicted on retrial of sexually assaulting Gisele Pelicot after she was sedated by her husband – and was given his jail term extended to 10 years.

Higher Court Case

The defendant, 44, an unemployed builder, who had appealed his initial guilty verdict last year, underwent a appeal hearing this week at the appeals court in Nîmes.

A jury of nine jurors, sitting with three judges, ruled against Dogan 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, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform named “without her consent”, where Pelicot was looking for men to come to his home to assault his wife after he had rendered her unconscious into a deep sleep.

We expect the jury will affirm that in this country, human rights are also women’s rights – that agreement is personal, not given by another,” stated the victim's attorney, her legal representative. “Permission is obtained personally and not by proxy from a husband.”

Case History

The husband, a notorious sexual predators in recent French history, was sentenced to twenty years in prison last year for drugging his then wife and inviting numerous individuals to rape her in her home in the Provence village of Mazan over a period of nearly ten years of their marriage.

Dozens of additional defendants were found convicted in a high-profile trial last year, and Dogan was the only man to challenge his conviction. He was initially sentenced to nine years in prison, a sentence enhanced on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had stated he should serve twelve years, because he “completely denies to take any blame”.

Evidence Presented

Dogan had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his town in Provence to assault the victim, after informing his wife he was leaving, the testimony revealed.

Pelicot, who was transported from isolation in prison to briefly testify at the appeal trial, stated to the court that Dogan had been aware his wife had been “drugged” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her without her knowledge.”

The courtroom became a central issue for a larger conversation on societal attitudes in society as the defendant continued to assert he was blameless and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had allowed him into the residence, his behavior had been acceptable.

The panel in the higher court was shown recorded footage of Gisèle Pelicot’s limp body, comatose and breathing heavily in a deep sleep, while a smiling Dogan committed rape multiple times over a duration of what police said was several hours. The presiding judge said she had been at risk of death by suffocation. The prosecution said there was no question that she had been incapacitated and had not given permission.

Defendant's Statements

Dogan informed the court the footage were simply “intimate moments” and disputed it was violation. He said what he did was “a sexual act”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I proceeded because he persuaded me.”

Asked if he wanted to make a last words to the court, the defendant said: “I had no desire to harm that individual.”

Victim's Response

The victim, who was applauded upon departing the trial each day by onlookers present to stand with her, said to the defendant in court: “You do not grasp. When will you admit you raped me? It is unlawful to assault an unaware woman. How could I have give you permission? Not once.”

The victim, seventy-two, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, speaking to the victim in court, said the defendant's unwillingness to take blame showed that: “Shame has not yet changed sides. The community is maybe in the midst of that, maybe propelled by the societal understanding brought by the publication of your case.”

The prosecutor said the defendant's claims of blamelessness showed how rape culture was still widespread in society as part of “outdated” forms of “male domination”. He said: “We need to change rape culture to a society based on agreement.”

Sie addressed the defendant: “For as much as you reject it, it’s not just a person, it’s an whole sordid social system that you are endorsing.”

Biographical Details

Dogan was born in the country of Turkey and at the age of five relocated to France, where his parent worked as a caretaker. The evidence indicated that his father was violent and that Dogan began using drugs at the age of ten. When Dogan was seventeen he was stopped by police for drug trafficking and his father evicted him the family house. He spent time in prison for narcotics offenses in his early 20s and had worked as a laborer but had faced periods of homelessness.

He was married and had a child with a genetic condition, who he was the principal carer for, as his spouse worked in a educational cafeteria. The court heard his wife did not know he had regular sexual encounters beyond their union. His defence said this was his way of coping with his difficult circumstances. The defendant had told a court psychologist that once a year he sought transactional encounters on his special day. His lawyers informed the court he had joint inflammation resulting from the pressure of the original case.