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A man was declared guilty on retrial of sexually assaulting Gisèle Pelicot after she was rendered comatose by her spouse – and received his prison sentence extended to a decade.

Appeal Trial

Dogan, 44, an unemployed builder, who had appealed his initial guilty verdict last year, experienced 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 bedroom in Provence in the early hours of 29 June 2019.

The court heard that Dogan, a married father, made contact with Gisèle Pelicot’s then husband, the husband, in an internet forum titled “without her knowledge”, where the husband was seeking men to visit his house to assault his wife once he had drugged her into a unconscious state.

“We hope the court will declare that in this nation, fundamental rights are also women’s rights – that agreement is individual, not given by another,” stated the victim's lawyer, her legal representative. “Consent is received directly and not through someone else from a spouse.”

Case History

The ex-husband, one of the worst sexual predators in modern French history, was handed a sentence to twenty years in prison last year for sedating his then wife and inviting dozens of men to rape her in her home in the community of the village of Mazan over a span of many years of their union.

Fifty other men were found culpable 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 raised on Thursday to ten years.

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

Evidence Presented

Dogan had initially sent Dominique Pelicot graphic images and then traveled an hour from his town in the region to assault 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, stated to the court that the accused had known his wife had been “drugged” and he communicated to men by phone: “I want someone to violate my wife after I’ve put her to sleep without her consent.”

The trial became a central issue for a broader debate on rape culture in society as the defendant continued to say he was innocent and had not engaged in violation, stating that because the victim's husband had invited him into the bedroom, his actions had been acceptable.

The panel in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s limp body, sedated and snoring in a unconscious condition, while a grinning Dogan performed assault on several occasions over a period of what police said was 3.5 hours. The presiding judge said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was no doubt that she had been incapacitated and had not agreed.

Defendant's Statements

Dogan stated to the court the recordings were simply “sex scenes” and denied it was rape. He said what he did was “a sexual act”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused told the court. “I carried on because he reassured me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I never wanted to injure that woman.”

Pelicot's Words

The survivor, who was applauded upon exiting the courtroom each day by onlookers gathered to back her, addressed the defendant in court: “You haven’t understood. When will you admit you assaulted me? It is unlawful to assault an unconscious woman. At what point did I give you consent? Never.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she relinquished her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “Guilt has not shifted. Society is perhaps in the midst of that, possibly motivated by the public consciousness spurred by the publication of your ordeal.”

The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance was still common in society as part of “archaic” forms of “gender-based power”. He said: “We need to change the culture of violence to a culture of consent.”

Sie said to the defendant: “For as much as you refuse to admit it, it’s not just a individual, it’s an complete disturbing societal structure that you are upholding.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of 5 relocated to France, where his parent worked as a building manager. The testimony revealed that his father was abusive and that Dogan began consuming marijuana aged ten. When he was 17 he was stopped by police for drug trafficking and his parent evicted him the residence. He served time in prison for drug dealing in his twenties and had worked as a builder but had undergone periods of being unhoused.

He was married and had a child with special needs, who he was the principal carer for, as his wife worked in a school canteen. The evidence showed his wife did not know he had repeated intimate relations beyond their marriage. His defence said this was his strategy for managing with his stressful life. Dogan had told a mental health expert that annually he engaged in transactional encounters on his birthday. His attorneys told the court he had arthritis resulting from the pressure of the original case.