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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 prison sentence extended to ten years.

Retrial Proceedings

The defendant, 44, an out-of-work construction worker, who had contested his first conviction last year, experienced a appeal hearing this week at the higher court in Nîmes.

A panel of nine jurors, joined by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her home in Provence in the morning of 29 June 2019.

The court heard that the accused, a married father, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform named “without her knowledge”, where Pelicot was looking for men to visit his house to assault his wife after he had rendered her unconscious into a comatose state.

“We hope the jury will affirm that in this society, fundamental rights are also women’s rights – that agreement is personal, not delegated,” said Gisèle Pelicot’s attorney, her legal representative. “Consent is obtained personally and not through someone else from a husband.”

Background

The ex-husband, a notorious sexual predators in modern French history, was given a prison term to twenty years in prison last year for sedating his then wife and soliciting multiple perpetrators to sexually assault her in her home in the town of Mazan over a period of almost a decade of their union.

Numerous other individuals were found culpable in a high-profile trial last year, and the appellant was the sole individual to challenge his conviction. He was first sentenced to 9 years in prison, a sentence raised on Thursday to a decade.

The state's attorney, the prosecutor, had stated he should serve twelve years, because he “absolutely refuses to take any accountability”.

Testimony and Proof

Dogan had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in Provence to assault the victim, after informing his wife he was stepping out, the testimony revealed.

The ex-husband, who was transported from solitary confinement in prison to temporarily testify at the appeal trial, stated to the court that Dogan had known his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her without her knowledge.”

The proceedings became a focus point for a wider discussion on societal attitudes in society as Dogan continued to say he was blameless and had not committed rape, stating that because the victim's husband had allowed him into the room, his behavior had been acceptable.

The panel 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 grinning Dogan engaged in violation repeatedly over a period of what investigators stated was several hours. The court official said she had been at danger of fatal outcome by suffocation. The state prosecution said there was no question that she had been unconscious and had not agreed.

Dogan's Claims

The defendant informed the court the footage were simply “sex scenes” and disputed it was violation. He said what he did was “a consensual activity”, not assault. He declared the court: “I did not commit rape.” He said the victim's husband had allowed him to the home, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I proceeded because he convinced me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to injure that lady.”

Pelicot's Words

Gisèle Pelicot, who was supported upon departing the trial each day by supporters present to support her, addressed Dogan in court: “You haven’t understood. When are you going to recognise you violated me? It’s a crime to rape an unaware woman. When did I ever give you permission? Never.”

The victim, seventy-two, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's refusal to take responsibility showed that: “The shame remains. The public is possibly in the course of that, maybe motivated by the societal understanding brought by the publication of your ordeal.”

The prosecutor said the defendant's claims of non-guilt showed how societal tolerance was still prevalent in society as part of “outdated” forms of “male domination”. He said: “We need to change rape culture to a ethos of permission.”

The prosecutor said to the defendant: “As long as you refuse to admit it, it’s not just a person, it’s an complete disturbing social system that you are endorsing.”

Biographical Details

The accused was born in Turkey and at the age of 5 came to the nation of France, where his parent worked as a concierge. The testimony revealed that his father was abusive and that Dogan began smoking cannabis at the age of 10. When Dogan was 17 he was stopped by police for drug trafficking and his parent forced him to leave the family house. He served time in prison for drug dealing in his young adulthood and had worked as a builder but had experienced periods of homelessness.

He was married and had a son with a genetic condition, who he was the principal carer for, as his wife worked in a institution's dining hall. The court heard his wife did not know he had repeated extramarital activities outside their union. His legal team said this was his way of coping with his stressful life. The defendant had told a court psychologist that each year he sought transactional encounters on his birthday. His lawyers told the court he had arthritis caused by the stress of the first trial.