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A defendant was convicted on retrial of sexually assaulting Gisèle Pelicot following she was sedated by her spouse – and was given his prison sentence extended to a decade.

Retrial Proceedings

Dogan, forty-four, an out-of-work construction worker, who had challenged his first conviction last year, faced a new trial this week at the Nîmes court of appeal.

A jury of four women and five men, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her home in southern France in the morning of June 29, 2019.

The court heard that the accused, a family man, reached out to the victim's husband at the time, the husband, in an online chatroom named “unbeknownst to her”, where Pelicot was looking for men to enter his residence to assault his wife after he had drugged her into a unconscious state.

We trust the court will say loud and clear that in this nation, fundamental rights are also rights of women – that consent is individual, not given by another,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is secured directly and not via a representative from a spouse.”

Case History

Dominique Pelicot, a notorious sex offenders in recent French history, was given a prison term to 20 years in prison last year for incapacitating his then wife and inviting multiple perpetrators to rape her in her home in the town of Mazan over a period of nearly ten years of their union.

Dozens of additional defendants were found culpable in a high-profile trial last year, and the appellant was the sole individual to contest his conviction. He was initially given a sentence to 9 years in prison, a penalty raised on Thursday to 10 years.

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

Testimony and Proof

The defendant had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his residence in the region to assault Gisèle Pelicot, after notifying his wife he was going out, the testimony revealed.

The ex-husband, who was transported from isolation in prison to temporarily give evidence at the hearing, informed the court that Dogan had understood his wife had been “incapacitated” and he said to men by phone: “I seek someone to violate my wife after I’ve sedated her unbeknownst to her.”

The trial became a central issue for a wider discussion on societal attitudes in society as Dogan continued to say he was not guilty and had not perpetrated assault, contending that because the victim's husband had welcomed him into the residence, his behavior had been permissible.

The jury in the higher court was displayed visual proof of Gisèle Pelicot’s unconscious figure, sedated and snoring in a unconscious condition, while a smiling Dogan performed assault repeatedly over a period of what police said was 3.5 hours. The court official said she had been at risk of death by asphyxiation. The state's case said there was no question that she had been unconscious and had not agreed.

Accused's Testimony

The defendant informed the court the footage were simply “intimate moments” and rejected it was violation. He said what he did was “a consensual activity”, not assault. He stated the court: “I am innocent of assault.” He said the victim's husband had brought him to the residence, and therefore it was OK. He said he was deceived by the husband. “I wanted to stop,” the accused informed the court. “I continued because he convinced me.”

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

Pelicot's Words

The survivor, who was applauded upon exiting the courtroom each day by onlookers assembled to support her, said to Dogan in court: “You haven’t understood. When will you acknowledge you violated me? It’s a crime to assault an unconscious woman. How could I have give you consent? At no time.”

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

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take blame showed that: “Shame has not yet changed sides. The public is perhaps in the midst of that, maybe propelled by the public consciousness resulting from the revelation of your case.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still common in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

Sie addressed Dogan: “While you deny it, it’s not just a individual, it’s an complete sordid societal structure that you are supporting.”

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 testimony revealed that his father was aggressive and that the defendant began consuming marijuana at the age of 10. When Dogan was 17 he was apprehended by authorities for selling narcotics and his father evicted him the family house. He was incarcerated in prison for trafficking in his twenties and had worked as a construction worker but had experienced periods of living on the streets.

He was wed and had a son with special needs, who he was the primary guardian for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had frequent sexual encounters beyond their union. His legal team said this was his method of dealing with his difficult circumstances. Dogan had told a evaluator that annually he looked for paid sex on his special day. His legal representatives told the court he had a medical condition caused by the anxiety of the initial proceedings.