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A man was declared guilty on retrial of sexually assaulting Gisele Pelicot after she was drugged unconscious by her then-husband – and received his incarceration period raised to ten years.

Retrial Proceedings

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

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

The evidence showed that Dogan, a married father, connected with Gisèle Pelicot’s spouse, the husband, in an online chatroom named “unbeknownst to her”, where the husband was looking for men to enter his residence to rape his wife after he had drugged her into a unconscious state.

We trust the jury will say loud and clear that in this society, human rights are also rights of women – that agreement is personal, not given by another,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is secured directly and not through someone else from a spouse.”

Context

Dominique Pelicot, a notorious sexual predators in recent French history, was given a prison term to twenty years in prison last year for sedating his wife at the time and inviting numerous individuals to sexually assault her in her home in the town of Mazan over a period of many years of their marriage.

Dozens of additional defendants were found guilty in a high-profile trial last year, and Dogan was the only man to contest his verdict. He was initially sentenced to nine years in prison, a sentence enhanced on Thursday to a decade.

The state's attorney, Dominique Sie, had argued 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 driven an hour from his village in Provence to assault the victim, after informing his wife he was going out, the testimony revealed.

The ex-husband, who was transported from segregation in prison to temporarily testify at the retrial, informed the court that Dogan had known his wife had been “drugged” and he communicated to men by phone: “I want someone to violate my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a central issue for a larger conversation on sexual violence norms in society as the defendant continued to say he was innocent and had not committed rape, contending that because Gisèle Pelicot’s husband had invited him into the residence, his conduct had been acceptable.

The jury in the higher court was presented with video evidence of Gisèle Pelicot’s unconscious figure, sedated and breathing heavily in a deep sleep, while a grinning Dogan engaged in violation repeatedly over a timeframe of what police said was three and a half hours. The judge said she had been at risk of death by asphyxiation. The state prosecution said there was absolute certainty that she had been unaware and had not given permission.

Dogan's Claims

The defendant informed the court the footage were simply “sex scenes” and disputed it was rape. He said what he did was “a sexual act”, not rape. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I wanted to stop,” the accused told the court. “I proceeded 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 individual.”

Survivor's Statement

The victim, who was cheered upon departing the trial each day by supporters present to back her, told Dogan in court: “You haven’t understood. When will you acknowledge you assaulted me? It is unlawful to rape an unconscious woman. How could I have give you consent? At no time.”

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

Legal Commentary

Sie, addressing Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “Guilt has not shifted. The public is perhaps in the course of that, perhaps propelled by the public consciousness brought by the exposure of your ordeal.”

Sie said the defendant's claims of non-guilt showed how societal tolerance was still widespread in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

Sie told Dogan: “As long as you reject it, it’s not just a woman, it’s an whole sordid social system that you are supporting.”

Biographical Details

The accused was born in the country of Turkey and at the age of 5 came to the nation of France, where his parent worked as a caretaker. The evidence indicated that his parent was aggressive and that Dogan began using drugs at the age of 10. When he was seventeen he was caught by police for selling narcotics and his parent forced him to leave the residence. He spent time in prison for narcotics offenses in his twenties 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 main caregiver for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had regular sexual encounters outside their marriage. His legal team said this was his method of dealing with his stressful life. Dogan had informed a evaluator that annually he sought paid sex on his birthday. His attorneys told the court he had arthritis resulting from the pressure of the original case.