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

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, underwent a retrial this week at the higher court in Nîmes.

A jury of nine jurors, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her residence in the south of France in the morning of June 29, 2019.

The court heard that the accused, a family man, made contact with the victim's spouse, Dominique Pelicot, in an online chatroom titled “without her knowledge”, where the husband was looking for men to enter his residence to assault his wife once he had sedated her into a comatose state.

We trust the panel will affirm that in this society, human rights are also women’s rights – that consent is individual, not delegated,” declared Gisèle Pelicot’s attorney, her legal representative. “Permission is obtained directly and not through someone else from a spouse.”

Case History

The husband, among the most severe sex offenders in France's contemporary records, was handed a sentence to 20 years in prison last year for drugging his wife at the time and inviting multiple perpetrators to sexually assault her in her home in the town of Mazan over a duration of nearly ten years of their union.

Numerous other individuals were found guilty in a widely publicized trial last year, and the appellant was the sole individual to contest his sentence. He was initially sentenced to nine years in prison, a punishment increased on Thursday to a decade.

The chief prosecutor, the prosecutor, had argued he should serve twelve years, because he “completely denies to take any responsibility”.

Courtroom Details

Dogan had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his residence in the region to rape Gisèle Pelicot, after informing his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from isolation in prison to temporarily testify at the hearing, stated to the court that Dogan had understood his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a focus point for a wider discussion on sexual violence norms in society as the defendant continued to say he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had invited him into the room, his conduct had been justifiable.

The panel in the Nîmes appeals court was shown visual proof of Gisèle Pelicot’s limp body, sedated and snoring in a comatose state, while a grinning Dogan performed assault on several occasions over a timeframe of what investigators stated was several hours. The presiding judge said she had been at danger of death by choking. The state's case said there was no question that she had been incapacitated and had not agreed.

Dogan's Claims

Dogan informed the court the videos were simply “sex scenes” and denied it was rape. He said what he did was “an intimate behavior”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had allowed him to the residence, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I attempted to cease,” the accused told 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 hurt that woman.”

Victim's Response

Gisèle Pelicot, who was supported upon exiting the courtroom each day by crowds assembled to support her, addressed the defendant in court: “You do not grasp. When will you acknowledge you raped me? It is unlawful to rape an unaware woman. At what point did I give you consent? At no time.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, turning to the victim in court, said the defendant's refusal to take blame showed that: “Guilt has not shifted. Society is perhaps in the midst of that, maybe driven by the societal understanding resulting from the revelation of your case.”

Sie said the defendant's claims of blamelessness showed how normalized violence was still widespread in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change rape culture to a culture of consent.”

Sie told Dogan: “For as much as you reject it, it’s not just a woman, it’s an complete sordid social system that you are upholding.”

Defendant's Background

The accused was born in Turkey and at the age of five relocated to France, where his father worked as a building manager. The court heard that his father was violent and that the defendant began consuming marijuana at the age of ten. When he was seventeen he was stopped by police for dealing drugs and his parent kicked him out the residence. He served time in prison for narcotics offenses in his young adulthood and had worked as a builder but had undergone periods of homelessness.

He was married and had a son with a genetic condition, who he was the primary guardian for, as his wife worked in a educational cafeteria. The court heard his spouse did not know he had frequent extramarital activities beyond their union. His legal team said this was his strategy for managing with his stressful life. The defendant had informed a court psychologist that each year he looked for commercial sex on his special day. His legal representatives told the court he had a medical condition resulting from the anxiety of the first trial.