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A man was declared guilty on retrial of sexually assaulting Gisele Pelicot after she was sedated by her then-husband – and has had his jail term increased to 10 years.

Higher Court Case

Dogan, 44, an unemployed builder, who had contested his first conviction last year, underwent a appeal hearing this week at the higher court in Nîmes.

A jury of four women and five men, joined by three judges, ruled against Dogan on Thursday of raping the victim in her home in Provence in the early hours of June 29, 2019.

The testimony revealed that the accused, a family man, reached out to the victim's then husband, Dominique Pelicot, in an digital platform titled “without her knowledge”, where Pelicot was seeking men to visit his house to rape his wife after he had sedated her into a comatose state.

We expect the jury will declare that in this country, fundamental rights are also rights of women – that consent is personal, not transferred,” said the victim's attorney, her legal representative. “Agreement is received directly and not through someone else from a spouse.”

Case History

The ex-husband, a notorious sexual predators in recent French history, was sentenced to two decades in prison last year for drugging his wife at the time and inviting numerous individuals to sexually assault her in her home in the community of Mazan over a duration of many years of their marriage.

Fifty other men were found convicted in a widely publicized trial last year, and Dogan was the only man to contest his conviction. He was initially sentenced to 9 years in prison, a penalty raised on Thursday to 10 years.

The state's attorney, Dominique Sie, had argued he should serve twelve years, because he “completely denies to take any responsibility”.

Evidence Presented

Dogan had initially sent Dominique Pelicot graphic images and then traveled an hour from his village in Provence to rape Gisèle Pelicot, after notifying his wife he was leaving, the evidence indicated.

Pelicot, who was transported from isolation in prison to temporarily testify at the retrial, informed the court that the accused had been aware his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a central issue for a broader debate on sexual violence norms in society as the defendant continued to claim he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had welcomed him into the room, his behavior had been permissible.

The panel in the Nîmes appeals court was displayed recorded footage of the victim's limp body, sedated and breathing heavily in a unconscious condition, while a smiling the perpetrator performed assault repeatedly over a period of what investigators stated was 3.5 hours. The presiding judge said she had been at peril of fatal outcome by choking. The prosecution said there was no doubt that she had been incapacitated and had not consented.

Accused's Testimony

Dogan informed the court the recordings were simply “intimate moments” and disputed it was assault. He said what he did was “a sexual act”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was permissible. He said he was influenced by the husband. “I wanted to stop,” the accused told the court. “I continued because he convinced me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I had no desire to injure that woman.”

Pelicot's Words

The victim, who was applauded upon exiting the courtroom each day by onlookers gathered to stand with her, said to the defendant in court: “You haven’t understood. When will you admit you raped me? It’s a crime to rape an unconscious woman. When did I ever give you permission? Never.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she relinquished her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, addressing the victim in court, said the defendant's refusal to take blame showed that: “Guilt has not shifted. The community is maybe in the process of that, maybe motivated by the public consciousness resulting from the revelation of your ordeal.”

Sie said Dogan’s claims of blamelessness showed how rape culture was still widespread in society as part of “outdated” forms of “male domination”. He said: “We need to change the culture of violence to a culture of consent.”

The prosecutor told Dogan: “While you reject it, it’s not just a individual, it’s an whole unpleasant societal structure that you are endorsing.”

Defendant's Background

The accused was born in Turkey and at the age of five relocated to the nation of France, where his parent worked as a concierge. The court heard that his parent was violent and that Dogan began consuming marijuana at the age of 10. When he was seventeen he was caught by authorities for drug trafficking 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 laborer but had experienced periods of homelessness.

He was wed and had a son with a genetic condition, who he was the primary guardian for, as his wife worked in a institution's dining hall. The evidence showed his spouse did not know he had repeated extramarital activities beyond their marriage. His legal team said this was his method of dealing with his stressful life. The defendant had informed a court psychologist that once a year he looked for paid sex on his birthday. His lawyers stated to the court he had joint inflammation caused by the pressure of the original case.