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An individual was declared guilty on appeal of sexually assaulting Gisèle Pelicot following she was sedated by her spouse – and has had his prison sentence extended to a decade.

Retrial Proceedings

The defendant, forty-four, an unemployed builder, who had contested his initial guilty verdict last year, underwent a appeal hearing this week at the higher court in Nîmes.

A panel of four women and five men, joined by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her bedroom in the south of France in the early hours of June 29, 2019.

The testimony revealed that the accused, a family man, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum called “without her knowledge”, where Pelicot was seeking men to come to his home to rape his wife after he had drugged her into a comatose state.

We trust the panel will affirm that in this nation, fundamental rights are also rights of women – that agreement is individual, not given by another,” said the victim's attorney, her legal representative. “Agreement is obtained personally and not via a representative from a spouse.”

Case History

The ex-husband, a notorious sex offenders in modern French history, was given a prison term to two decades in prison last year for sedating his spouse and bringing in numerous individuals to sexually assault her in her home in the town of Mazan over a duration of many years of their marriage.

Numerous other individuals were found culpable in a widely publicized trial last year, and the appellant was the sole individual to appeal against his sentence. He was first handed a term to 9 years in prison, a penalty raised on Thursday to 10 years.

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

Evidence Presented

The defendant had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his village in the region to assault the victim, after informing his wife he was stepping out, the testimony revealed.

The ex-husband, who was transported from segregation in prison to briefly give evidence at the appeal trial, stated to the court that Dogan had been aware his wife had been “drugged” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep without her knowledge.”

The trial became a focus point for a wider discussion on sexual violence norms in society as the defendant continued to claim he was blameless and had not engaged in violation, contending that because Gisèle Pelicot’s husband had invited him into the residence, his conduct had been permissible.

The jury in the Nîmes appeals court was shown visual proof of the victim's limp body, unconscious and snoring in a deep sleep, while a smiling the perpetrator performed assault repeatedly over a duration of what authorities reported was 3.5 hours. The judge said she had been at risk of death by asphyxiation. The state prosecution said there was absolute certainty that she had been unconscious and had not agreed.

Dogan's Claims

The defendant informed the court the footage were simply “sexual encounters” and denied it was assault. He said what he did was “an intimate behavior”, not assault. He stated the court: “I am innocent of assault.” He said the victim's husband had invited him to the residence, and therefore it was permissible. He said he was deceived by the husband. “I attempted to cease,” the accused told the court. “I carried on because he persuaded me.”

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

Victim's Response

The victim, who was cheered upon leaving court each day by crowds gathered to back her, addressed Dogan in court: “You fail to comprehend. When are you going to recognise you violated me? It is unlawful to assault an unconscious woman. At what point did I give you permission? Not once.”

The victim, 72, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, speaking to the victim in court, said Dogan’s unwillingness to take accountability showed that: “The shame remains. The community is perhaps in the course of that, perhaps propelled by the collective awareness resulting from the publication of your situation.”

Sie said the defendant's claims of blamelessness showed how societal tolerance was still prevalent in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

The prosecutor addressed the defendant: “While you deny it, it’s not just a person, it’s an entire sordid social system that you are endorsing.”

Biographical Details

Dogan was originated from Turkey and at the age of five moved to the nation of France, where his parent worked as a concierge. The evidence indicated that his parent was aggressive and that the defendant began smoking cannabis aged ten. When Dogan was seventeen he was caught by authorities for dealing drugs and his parent forced him to leave the residence. He served time in prison for drug dealing in his twenties and had worked as a builder but had experienced periods of living on the streets.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his wife worked in a educational cafeteria. The evidence showed his spouse did not know he had frequent intimate relations outside their union. His defence said this was his method of dealing with his challenging existence. The defendant had told a evaluator that annually he sought paid sex on his special day. His lawyers told the court he had arthritis resulting from the pressure of the original case.