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A defendant was declared guilty on retrial of sexually assaulting Gisele Pelicot following she was sedated by her then-husband – and has had his prison sentence extended to ten years.

Higher Court Case

Dogan, 44, an unemployed builder, who had challenged his initial guilty verdict last year, experienced a retrial this week at the Nîmes court of appeal.

A jury of four women and five men, accompanied by three judges, ruled against Dogan on Thursday of raping the victim in her bedroom in the south of France in the morning of 29 June 2019.

The evidence showed that the accused, a married father, reached out to the victim's husband at the time, Dominique Pelicot, in an internet forum called “unbeknownst to her”, where Pelicot was seeking men to visit his house to rape his wife once he had sedated her into a unconscious state.

We trust the jury will say loud and clear that in this society, fundamental rights are also rights of women – that consent is individual, not transferred,” stated the victim's lawyer, her legal representative. “Consent is secured directly and not through someone else from a spouse.”

Background

Dominique Pelicot, one of the worst sex offenders in recent French history, was sentenced to two decades in prison last year for sedating his then wife and bringing in numerous individuals to sexually assault her in her home in the community of Mazan over a span of many years of their union.

Numerous other individuals were found convicted in a widely publicized trial last year, and the appellant was the only man to contest his conviction. He was initially sentenced to nine years in prison, a punishment enhanced on Thursday to 10 years.

The state's attorney, Dominique Sie, had stated he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Evidence Presented

Dogan had initially sent the husband sexually explicit photos and then traveled an hour from his residence in Provence to rape Gisèle Pelicot, after notifying his wife he was going out, the court heard.

The ex-husband, who was brought from isolation in prison to temporarily give evidence at the retrial, stated to the court that Dogan had known his wife had been “drugged” and he told to men by phone: “I seek someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a key topic for a larger conversation on rape culture in society as Dogan continued to say he was not guilty and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had allowed him into the bedroom, his conduct had been justifiable.

The jury in the higher court was displayed visual proof of Gisèle Pelicot’s limp body, comatose and snoring in a deep sleep, while a grinning Dogan engaged in violation multiple times over a period of what police said was several hours. The court official said she had been at peril of death by choking. The state prosecution said there was no doubt that she had been unconscious and had not consented.

Accused's Testimony

The defendant stated to the court the footage were simply “intimate moments” and denied it was violation. He said what he did was “a consensual activity”, not assault. He declared the court: “I never raped.” He said the victim's husband had invited him to the residence, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I continued because he reassured me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to injure that woman.”

Victim's Response

Gisèle Pelicot, who was supported upon exiting the courtroom each day by supporters present to support her, said to Dogan in court: “You fail to comprehend. When will you acknowledge you violated me? It’s a crime to rape an incapacitated woman. At what point did I give you permission? Never.”

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

Legal Commentary

Sie, speaking to the victim in court, said the defendant's refusal to take responsibility showed that: “Guilt has not shifted. The community is perhaps in the course of that, perhaps motivated by the collective awareness brought by the revelation of your situation.”

Sie said the defendant's claims of non-guilt showed how rape culture was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “We need to change rape culture to a society based on agreement.”

Sie said to the defendant: “While you refuse to admit it, it’s not just a woman, it’s an complete sordid societal structure that you are supporting.”

Biographical Details

Dogan was born in Turkey and at the age of five came to France, where his father worked as a building manager. The evidence indicated that his parent was aggressive and that the defendant began smoking cannabis aged 10. When he was 17 he was apprehended by authorities for drug trafficking and his parent kicked him out of home. He spent time in prison for drug dealing in his twenties and had worked as a construction worker 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 school canteen. The testimony revealed his wife did not know he had repeated extramarital activities outside their union. His defence said this was his method of dealing with his stressful life. Dogan had informed a court psychologist that once a year he looked for commercial sex on his birthday. His attorneys stated to the court he had joint inflammation triggered by the anxiety of the first trial.