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A man has been found guilty on retrial of sexually assaulting Gisèle Pelicot after she was sedated by her husband – and has had his prison sentence increased to a decade.

Retrial Proceedings

The defendant, forty-four, an out-of-work construction worker, who had contested his first conviction last year, underwent a retrial this week at the higher court in Nîmes.

A jury of four women and five men, sitting with three judges, convicted Dogan on Thursday of raping the victim in her residence in the south of France in the early hours of 29 June 2019.

The court heard that Dogan, a family man, connected with Gisèle Pelicot’s then husband, the husband, in an online chatroom titled “unbeknownst to her”, where Pelicot was seeking men to visit his house to rape his wife after he had sedated her into a deep sleep.

“We hope the panel will say loud and clear that in this nation, human rights are also women’s rights – that permission is individual, not delegated,” stated Gisèle Pelicot’s attorney, her legal representative. “Consent is secured directly and not through someone else from a husband.”

Context

The husband, one of the worst sexual predators in modern French history, was given a prison term to 20 years in prison last year for incapacitating his wife at the time and inviting numerous individuals to sexually assault her in her home in the town of Mazan over a span of many years of their union.

Numerous other individuals were found culpable in a notable trial last year, and the appellant was the sole individual to contest his sentence. He was initially given a sentence to nine years in prison, a punishment enhanced on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had stated he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Evidence Presented

The defendant had first sent the husband sexually explicit photos and then traveled an hour from his village in Provence to assault Gisèle Pelicot, after informing his wife he was leaving, the court heard.

Pelicot, who was transported from solitary confinement in prison to temporarily testify at the appeal trial, told the court that Dogan had understood his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a key topic for a wider discussion on sexual violence norms in society as Dogan continued to assert he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had allowed him into the bedroom, his conduct had been acceptable.

The jury in the Nîmes appeals court was shown visual proof of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a deep sleep, while a smiling the perpetrator engaged in violation multiple times over a timeframe of what authorities reported was several hours. The judge said she had been at risk of death by suffocation. The state's case said there was no doubt that she had been unconscious and had not agreed.

Dogan's Claims

Dogan told the court the recordings were simply “intimate moments” and denied it was rape. He said what he did was “a sexual act”, not rape. He declared the court: “I am innocent of assault.” He said the victim's husband had brought him to the home, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I carried on because he persuaded me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to hurt that lady.”

Pelicot's Words

The victim, who was cheered upon leaving court each day by supporters assembled to back her, said to Dogan in court: “You fail to comprehend. When are you going to recognise you assaulted me? It’s a crime to rape an unconscious woman. How could I have give you agreement? Never.”

The victim, 72, became an international feminist hero after she relinquished her right to anonymity in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, addressing the victim in court, said Dogan’s unwillingness to take accountability showed that: “Shame has not yet changed sides. The community is perhaps in the midst of that, perhaps propelled by the societal understanding spurred by the publication of your ordeal.”

The prosecutor said the defendant's claims of blamelessness showed how rape culture was still common in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

The prosecutor said to the defendant: “For as much as you deny it, it’s not just a woman, it’s an complete unpleasant societal structure that you are endorsing.”

Biographical Details

The accused was born in the country of Turkey and at the age of 5 came to France, where his parent worked as a building manager. The court heard that his father was aggressive and that the defendant began consuming marijuana at the age of ten. When Dogan was 17 he was stopped by police for dealing drugs and his father forced him to leave the family house. He was incarcerated in prison for trafficking in his young adulthood and had worked as a builder but had faced periods of being unhoused.

He was wed and had a son with Down’s syndrome, who he was the principal carer for, as his spouse worked in a school canteen. The court heard his spouse did not know he had frequent sexual encounters beyond their marriage. His legal team said this was his method of dealing with his challenging existence. The defendant had told a mental health expert that each year he looked for paid sex on his special day. His attorneys stated to the court he had a medical condition triggered by the stress of the original case.