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A man was declared guilty on higher court review of sexually assaulting Gisèle Pelicot following she was sedated by her then-husband – and has had his prison sentence raised to 10 years.

Retrial Proceedings

Dogan, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, faced a appeal hearing this week at the appeals court in Nîmes.

A jury of four women and five men, sitting with three judges, ruled against Dogan on Thursday of raping Pelicot in her residence in the south of France in the morning of June 29, 2019.

The court heard that the accused, a married father, connected with Gisèle Pelicot’s spouse, the husband, in an digital platform named “unbeknownst to her”, where the husband was recruiting men to come to his home to assault his wife after he had sedated her into a comatose state.

“We hope the jury will say loud and clear that in this country, human rights are also rights of women – that consent is individual, not delegated,” said Gisèle Pelicot’s attorney, Antoine Camus. “Consent is received directly and not through someone else from a husband.”

Case History

The husband, among the most severe sex offenders in recent French history, was handed a sentence to two decades in prison last year for incapacitating his wife at the time and inviting multiple perpetrators to rape her in her home in the community of Mazan over a duration of nearly ten years of their marriage.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and Dogan was the single defendant to appeal against his verdict. He was initially handed a term to nine years in prison, a penalty enhanced on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had contended he should serve 12 years, because he “completely denies to take any responsibility”.

Courtroom Details

The defendant had first sent the husband inappropriate pictures and then driven an hour from his residence in Provence to assault the victim, after notifying his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from solitary confinement in prison to briefly provide testimony at the retrial, stated to the court that Dogan had understood his wife had been “sedated” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve sedated her without her consent.”

The courtroom became a key topic for a larger conversation on rape culture in society as the defendant continued to claim he was innocent and had not committed rape, contending that because Gisèle Pelicot’s husband had allowed him into the room, his behavior had been permissible.

The jury in the Nîmes appeals court was presented with recorded footage of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a comatose state, while a smiling Dogan performed assault repeatedly over a period of what police said was 3.5 hours. The presiding judge said she had been at peril of death by choking. The prosecution said there was no question that she had been unconscious and had not consented.

Dogan's Claims

Dogan stated to the court the videos were simply “sex scenes” and denied it was violation. He said what he did was “a consensual activity”, not assault. He stated the court: “I never raped.” He said the victim's husband had allowed him to the house, and therefore it was acceptable. He said he was influenced by the husband. “I attempted to cease,” the accused told the court. “I continued because he reassured me.”

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

Victim's Response

The victim, who was applauded upon leaving court each day by crowds assembled to support her, addressed the defendant in court: “You haven’t understood. When are you going to recognise you raped me? It’s a crime to assault an unconscious woman. At what point did I give you consent? Never.”

Gisèle Pelicot, 72, became an global icon after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, turning to the victim in court, said Dogan’s refusal to take blame showed that: “Shame has not yet changed sides. Society is possibly in the course of that, perhaps motivated by the collective awareness resulting from the exposure of your ordeal.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “We need to change the culture of violence to a culture of consent.”

Sie said to Dogan: “For as much as you deny it, it’s not just a individual, it’s an entire disturbing societal structure that you are upholding.”

Biographical Details

Dogan was originated from Turkey and at the age of five relocated to France, where his parent worked as a building manager. The court heard that his parent was violent and that the defendant began smoking cannabis aged ten. When Dogan was 17 he was apprehended by police for drug trafficking and his father forced him to leave the family house. He served time in prison for trafficking in his twenties and had worked as a laborer but had faced periods of living on the streets.

He was wed and had a child with a genetic condition, who he was the principal carer for, as his spouse worked in a school canteen. The court heard his wife did not know he had repeated sexual encounters beyond their marriage. His defence said this was his method of dealing with his stressful life. Dogan had stated to a evaluator that once a year he looked for transactional encounters on his birthday. His attorneys informed the court he had arthritis resulting from the stress of the first trial.