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A man has been found guilty on appeal of sexually assaulting Gisele Pelicot following she was sedated by her then-husband – and was given his prison sentence raised to ten years.

Appeal Trial

The defendant, 44, an unemployed builder, who had challenged his initial guilty verdict last year, underwent a new trial this week at the Nîmes court of appeal.

A jury of nine jurors, accompanied by three judges, convicted Dogan on Thursday of raping Pelicot in her residence in Provence in the early hours of June 29, 2019.

The evidence showed that the accused, a family man, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform named “without her consent”, where Pelicot was looking for men to visit his house to assault his wife once he had drugged her into a comatose state.

We trust the jury will affirm that in this nation, fundamental rights are also women’s rights – that agreement is individual, not delegated,” stated the victim's attorney, her legal representative. “Agreement is secured directly and not via a representative from a husband.”

Background

Dominique Pelicot, among the most severe sexual predators in modern French history, was sentenced to 20 years in prison last year for sedating his wife at the time and soliciting numerous individuals to rape her in her home in the community of Mazan over a duration of almost a decade of their marriage.

Numerous other individuals were found convicted in a notable trial last year, and Dogan was the single defendant to appeal against his conviction. He was originally sentenced to nine years in prison, a sentence raised on Thursday to 10 years.

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

Testimony and Proof

Dogan had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in the region to assault Gisèle Pelicot, after notifying his wife he was stepping out, the court heard.

Pelicot, who was brought from solitary confinement in prison to temporarily testify at the hearing, stated to the court that the accused had understood his wife had been “sedated” and he told to men by phone: “I want someone to assault my wife after I’ve sedated her without her knowledge.”

The trial became a focus point for a larger conversation on societal attitudes in society as the defendant continued to claim he was blameless and had not committed rape, stating that because Gisèle Pelicot’s husband had allowed him into the residence, his actions had been justifiable.

The panel in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s unconscious figure, comatose and snoring in a comatose state, while a smiling Dogan engaged in violation multiple times over a timeframe of what investigators stated was 3.5 hours. The presiding judge said she had been at risk of death by suffocation. The state prosecution said there was no doubt that she had been unconscious and had not given permission.

Dogan's Claims

The defendant informed the court the videos were simply “intimate moments” and disputed it was assault. He said what he did was “a consensual activity”, not rape. He stated the court: “I never raped.” He said the victim's husband had invited him to the residence, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan informed the court. “I proceeded because he persuaded me.”

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

Victim's Response

Gisèle Pelicot, who was supported upon exiting the courtroom each day by supporters gathered to stand with her, told Dogan in court: “You haven’t understood. When are you going to recognise you assaulted me? It’s a crime to rape an incapacitated woman. How could I have give you agreement? At no time.”

The victim, 72, became an global icon after she waived her right to confidentiality in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “The shame remains. Society is maybe in the midst of that, perhaps motivated by the societal understanding resulting from the exposure of your situation.”

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

Sie said to the defendant: “As long as you reject it, it’s not just a individual, it’s an complete unpleasant cultural framework that you are supporting.”

Biographical Details

The accused was originated from the country of Turkey and at the age of five relocated to France, where his parent worked as a concierge. The testimony revealed that his father was violent and that Dogan began smoking cannabis at the age of ten. When Dogan was seventeen he was stopped by police for selling narcotics and his parent evicted him of home. He served time in prison for narcotics offenses in his young adulthood and had worked as a laborer but had undergone periods of homelessness.

He was married and had a child with special needs, who he was the principal carer for, as his spouse worked in a school canteen. The testimony revealed his spouse did not know he had repeated sexual encounters beyond their marriage. His legal team said this was his method of dealing with his challenging existence. Dogan had told a mental health expert that annually he engaged in commercial sex on his special day. His legal representatives informed the court he had a medical condition resulting from the anxiety of the initial proceedings.