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An individual was convicted on retrial of sexually assaulting Gisele Pelicot following she was drugged unconscious by her husband – and was given his incarceration period increased to a decade.

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, experienced a new trial this week at the Nîmes court of appeal.

A panel of four women and five men, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her residence in Provence in the early hours of 29 June 2019.

The testimony revealed that Dogan, a married father, reached out to the victim's husband at the time, Dominique Pelicot, in an online chatroom titled “without her consent”, where the husband was seeking men to come to his home to assault his wife once he had drugged her into a unconscious state.

We expect the jury will declare that in this society, human rights are also rights of women – that permission is individual, not delegated,” declared the victim's lawyer, her legal representative. “Permission is secured personally and not through someone else from a spouse.”

Case History

The ex-husband, a notorious sex offenders in modern French history, was sentenced to 20 years in prison last year for sedating his spouse and inviting dozens of men to rape her in her home in the community of Mazan over a span of many years of their marriage.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and the appellant was the sole individual to appeal against his conviction. He was originally handed a term to 9 years in prison, a punishment raised on Thursday to 10 years.

The chief prosecutor, the prosecutor, had argued he should serve twelve years, because he “stubbornly rejects to take any blame”.

Evidence Presented

Dogan had initially sent the husband inappropriate pictures and then traveled an hour from his town in Provence to rape the victim, after telling his wife he was stepping out, the testimony revealed.

The ex-husband, who was brought from segregation in prison to temporarily give evidence at the appeal trial, informed the court that Dogan had known his wife had been “sedated” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep without her consent.”

The trial became a key topic for a broader debate on sexual violence norms in society as the defendant continued to assert he was blameless and had not perpetrated assault, stating that because the victim's husband had welcomed him into the bedroom, his actions had been justifiable.

The jury in the Nîmes appeals court was shown recorded footage of the victim's unresponsive form, comatose and breathing heavily in a unconscious condition, while a smiling Dogan performed assault multiple times over a timeframe of what investigators stated was several hours. The judge said she had been at danger of death by choking. The state's case said there was no question that she had been incapacitated and had not consented.

Defendant's Statements

Dogan stated to the court the videos were simply “intimate moments” and disputed it was violation. He said what he did was “a sexual act”, not assault. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I attempted to cease,” Dogan stated to the court. “I carried on because he convinced me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I did not intend to harm that individual.”

Victim's Response

Gisèle Pelicot, who was cheered upon departing the trial each day by crowds assembled to stand with her, told the defendant in court: “You fail to comprehend. When will you acknowledge you violated me? It is unlawful to assault an unconscious woman. At what point did I give you agreement? Not once.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she gave up her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said the defendant's refusal to take accountability showed that: “The shame remains. The public is possibly in the midst of that, maybe propelled by the public consciousness brought by the exposure of your situation.”

The prosecutor said the defendant's claims of non-guilt showed how societal tolerance was still common in society as part of “outdated” forms of “male domination”. He said: “Now we must change rape culture to a society based on agreement.”

The prosecutor addressed Dogan: “As long as you deny it, it’s not just a individual, it’s an entire disturbing societal structure that you are endorsing.”

Personal History

Dogan was born in Turkey and at the age of 5 moved to the nation of France, where his parent worked as a concierge. The testimony revealed that his father was violent and that Dogan began smoking cannabis at the age of ten. When Dogan was 17 he was stopped by authorities for drug trafficking and his parent kicked him out the residence. He was incarcerated in prison for trafficking in his early 20s and had worked as a builder but had undergone periods of being unhoused.

He was married and had a son with a genetic condition, who he was the principal carer for, as his spouse worked in a institution's dining hall. The testimony revealed his spouse did not know he had repeated sexual encounters outside their marriage. His legal team said this was his way of coping with his difficult circumstances. Dogan had told a mental health expert that each year he looked for transactional encounters on his birthday. His attorneys told the court he had joint inflammation resulting from the stress of the first trial.