🔗 Share this article

A man was convicted on higher court review of sexually assaulting Gisèle Pelicot after she was sedated by her husband – and was given his incarceration period extended to ten years.

Appeal Trial

The defendant, 44, an out-of-work construction worker, who had appealed his first conviction last year, experienced a new trial this week at the Nîmes court of appeal.

A jury of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of raping the victim in her home in the south of France in the early hours of June 29, 2019.

The court heard that Dogan, a family man, connected with the victim's then husband, Dominique Pelicot, in an internet forum named “unbeknownst to her”, where Pelicot was recruiting men to enter his residence to rape his wife once he had drugged her into a deep sleep.

“We hope the panel will affirm that in this society, human rights are also rights of women – that permission is personal, not transferred,” said the victim's attorney, her legal representative. “Permission is obtained personally and not via a representative from a spouse.”

Case History

The ex-husband, among the most severe sex offenders in modern French history, was handed a sentence to twenty years in prison last year for drugging his then wife and bringing in numerous individuals to sexually assault her in her home in the community of Mazan over a span of almost a decade of their marriage.

Dozens of additional defendants were found convicted in a notable trial last year, and Dogan was the only man to challenge his sentence. He was initially given a sentence to 9 years in prison, a sentence increased on Thursday to a decade.

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

Testimony and Proof

The defendant had first sent the husband inappropriate pictures and then traveled an hour from his residence in Provence to rape Gisèle Pelicot, after notifying his wife he was going out, the court heard.

Pelicot, who was transported from solitary confinement in prison to briefly testify at the appeal trial, informed the court that Dogan had known his wife had been “drugged” and he said to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a focus point for a wider discussion on rape culture in society as the defendant continued to say he was not guilty and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had allowed him into the room, his behavior had been justifiable.

The jury in the higher court was shown recorded footage of the victim's unresponsive form, sedated and snoring in a unconscious condition, while a grinning the perpetrator engaged in violation on several occasions over a timeframe of what investigators stated was 3.5 hours. The judge said she had been at danger of death by suffocation. The prosecution said there was no question that she had been incapacitated and had not agreed.

Dogan's Claims

Dogan informed the court the videos were simply “sex scenes” and disputed it was assault. He said what he did was “a consensual activity”, not assault. He told the court: “I never raped.” He said the victim's husband had brought him to the home, and therefore it was permissible. He said he was deceived by the husband. “I tried to halt,” Dogan informed the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I never wanted to harm that lady.”

Pelicot's Words

Gisèle Pelicot, who was supported upon leaving court each day by onlookers present to back her, addressed Dogan in court: “You haven’t understood. When will you acknowledge you violated me? It is unlawful to assault an unconscious woman. How could I have give you permission? At no time.”

The victim, seventy-two, became an global icon after she relinquished her right to privacy in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “Guilt has not shifted. The public is possibly in the process of that, maybe propelled by the societal understanding spurred by the exposure of your ordeal.”

Sie said the defendant's claims of non-guilt showed how normalized violence was still widespread in society as part of “outdated” forms of “male domination”. He said: “Now we must change the culture of violence to a culture of consent.”

The prosecutor addressed Dogan: “As long as you reject it, it’s not just a woman, it’s an complete disturbing social system that you are endorsing.”

Biographical Details

The accused was originated from the country of Turkey and at the age of five relocated to France, where his parent worked as a concierge. The evidence indicated that his father was aggressive and that Dogan began using drugs aged ten. When Dogan was 17 he was apprehended by authorities for selling narcotics and his father evicted him of home. He was incarcerated 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 child with a genetic condition, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The testimony revealed his spouse did not know he had repeated intimate relations outside their union. His defence said this was his strategy for managing with his difficult circumstances. Dogan had stated to a evaluator that annually he engaged in paid sex on his special day. His attorneys told the court he had a medical condition caused by the anxiety of the initial proceedings.