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An individual has been found guilty on higher court review of sexually assaulting Gisèle Pelicot after she was sedated by her husband – and has had his incarceration period extended to ten years.

Higher Court Case

The defendant, forty-four, an unemployed builder, who had appealed his first conviction last year, faced a retrial this week at the appeals court in Nîmes.

A panel of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her residence in Provence in the morning of 29 June 2019.

The court heard that the accused, a family man, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom titled “without her knowledge”, where Pelicot was recruiting men to enter his residence to rape his wife after he had drugged her into a deep sleep.

We trust the court will say loud and clear that in this nation, human rights are also rights of women – that agreement is personal, not delegated,” declared the victim's attorney, her legal representative. “Agreement is received directly and not via a representative from a husband.”

Background

Dominique Pelicot, a notorious sexual predators in France's contemporary records, was handed a sentence to two decades in prison last year for sedating his then wife and bringing in dozens of men to sexually assault her in her home in the Provence village of Mazan over a span of nearly ten years of their union.

Dozens of additional defendants were found culpable in a notable trial last year, and the appellant was the single defendant to challenge his conviction. He was first sentenced to nine years in prison, a penalty raised on Thursday to ten years.

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

Courtroom Details

The defendant had initially sent the husband graphic images and then driven an hour from his residence in Provence to assault the victim, after informing his wife he was leaving, the court heard.

The ex-husband, who was transported from solitary confinement in prison to briefly testify at the appeal trial, informed the court that Dogan had been aware his wife had been “incapacitated” and he said to men by phone: “I want someone to abuse my wife after I’ve put her to sleep without her knowledge.”

The trial became a focus point for a broader debate on rape culture in society as the defendant continued to assert he was not guilty and had not perpetrated assault, arguing that because the victim's husband had allowed him into the bedroom, his behavior had been permissible.

The panel in the higher court was presented with recorded footage of Gisèle Pelicot’s unconscious figure, comatose and snoring in a deep sleep, while a smiling Dogan performed assault on several occasions over a duration of what investigators stated was several hours. The court official said she had been at danger of death by suffocation. The state's case said there was no doubt that she had been incapacitated and had not agreed.

Accused's Testimony

Dogan stated to the court the videos were simply “sex scenes” and disputed it was violation. He said what he did was “a sexual act”, not assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was permissible. He said he was deceived by the husband. “I wanted to stop,” Dogan stated to the court. “I continued because he convinced me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I had no desire to hurt that lady.”

Victim's Response

Gisèle Pelicot, who was applauded upon departing the trial each day by supporters gathered to support her, addressed the defendant in court: “You do not grasp. When are you going to recognise you assaulted me? It’s a crime to rape an incapacitated woman. How could I have give you permission? Never.”

Gisèle Pelicot, seventy-two, became an global icon after she waived her right to anonymity in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “Shame has not yet changed sides. The public is possibly in the process of that, perhaps motivated by the societal understanding spurred by the exposure of your situation.”

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

Sie addressed the defendant: “For as much as you refuse to admit it, it’s not just a woman, it’s an entire sordid social system that you are upholding.”

Biographical Details

Dogan was born in the country of Turkey and at the age of five relocated to France, where his father worked as a building manager. The court heard that his parent was abusive and that the defendant began smoking cannabis at the age of 10. When he was seventeen he was apprehended by police for dealing drugs and his parent forced him to leave the residence. He served time in prison for drug dealing in his young adulthood and had worked as a builder but had undergone periods of homelessness.

He was wed and had a son with Down’s syndrome, who he was the primary guardian for, as his wife worked in a institution's dining hall. The court heard his wife did not know he had repeated sexual encounters outside their union. His legal team said this was his method of dealing with his difficult circumstances. The defendant had told a court psychologist that each year he looked for paid sex on his special day. His legal representatives told the court he had arthritis triggered by the stress of the initial proceedings.