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A man was convicted on retrial of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her husband – and received his jail term extended to ten years.

Appeal Trial

Dogan, 44, an unemployed builder, who had appealed his first conviction last year, experienced a appeal hearing this week at the Nîmes court of appeal.

A jury of nine jurors, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her home in southern France in the morning of June 29, 2019.

The evidence showed that Dogan, a family man, reached out to the victim's husband at the time, Dominique Pelicot, in an internet forum titled “unbeknownst to her”, where the husband was recruiting men to enter his residence to rape his wife after he had sedated her into a comatose state.

We expect the court will declare that in this country, human rights are also rights of women – that agreement is individual, not delegated,” declared the victim's attorney, Antoine Camus. “Agreement is obtained directly and not via a representative from a husband.”

Case History

Dominique Pelicot, a notorious sexual predators in France's contemporary records, was given a prison term to twenty years in prison last year for incapacitating his then wife and bringing in numerous individuals to sexually assault her in her home in the community of Mazan over a period of many years of their union.

Fifty other men were found convicted in a widely publicized trial last year, and Dogan was the single defendant to contest his verdict. He was first sentenced to nine years in prison, a punishment enhanced on Thursday to 10 years.

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

Testimony and Proof

Dogan had first sent the husband graphic images and then traveled an hour from his residence in the region to rape Gisèle Pelicot, after notifying his wife he was leaving, the evidence indicated.

Pelicot, who was transported from solitary confinement in prison to temporarily testify at the appeal trial, told the court that the accused had understood his wife had been “sedated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her unbeknownst to her.”

The trial became a focus point for a larger conversation on sexual violence norms in society as the defendant continued to assert he was innocent and had not engaged in violation, stating that because the victim's husband had welcomed him into the bedroom, his behavior had been acceptable.

The jury in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s limp body, comatose and breathing heavily in a comatose state, while a smiling the perpetrator performed assault repeatedly over a timeframe of what police said was several hours. The judge said she had been at peril of fatal outcome by asphyxiation. The prosecution said there was absolute certainty that she had been incapacitated and had not consented.

Dogan's Claims

The defendant stated to the court the videos were simply “sexual encounters” and denied it was rape. He said what he did was “a consensual activity”, not assault. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was permissible. He said he was influenced by the husband. “I wanted to stop,” the accused stated to the court. “I proceeded because he convinced me.”

Asked if he wanted to make a last words to the court, Dogan said: “I had no desire to hurt that lady.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by crowds present to stand with her, told the defendant in court: “You do not grasp. When will you acknowledge you raped me? It’s a crime to assault an unconscious woman. At what point did I give you permission? Never.”

The victim, 72, became an international feminist hero after she relinquished her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said Dogan’s unwillingness to take accountability showed that: “Guilt has not shifted. The public is maybe in the course of that, perhaps motivated by the societal understanding spurred by the revelation of your case.”

The prosecutor said the defendant's claims of blamelessness showed how societal tolerance was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a society based on agreement.”

Sie addressed the defendant: “As long as you refuse to admit it, it’s not just a person, it’s an complete unpleasant societal structure that you are supporting.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a building manager. The evidence indicated that his father was abusive and that the defendant began smoking cannabis at the age of ten. When he was 17 he was caught by authorities for selling narcotics and his father kicked him out of home. He spent time in prison for trafficking in his twenties and had worked as a construction worker but had undergone periods of living on the streets.

He was wed and had a son with a genetic condition, who he was the primary guardian for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had repeated sexual encounters beyond their marriage. His legal team said this was his method of dealing with his challenging existence. The defendant had informed a mental health expert that each year he looked for paid sex on his special day. His legal representatives stated to the court he had joint inflammation triggered by the pressure of the initial proceedings.