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A man was declared guilty on retrial of sexually assaulting Gisele Pelicot following she was sedated by her then-husband – and was given his jail term increased to ten years.

Retrial Proceedings

The defendant, forty-four, an unemployed builder, who had appealed his first conviction last year, underwent a new trial this week at the higher court in Nîmes.

A jury of five men and four women, joined by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her home in Provence in the morning of June 29, 2019.

The testimony revealed that Dogan, a family man, reached out to Gisèle Pelicot’s then husband, the husband, in an digital platform titled “unbeknownst to her”, where the husband was seeking men to visit his house to assault his wife after he had sedated her into a unconscious state.

We trust the court will say loud and clear that in this country, human rights are also women’s rights – that consent is personal, not transferred,” stated the victim's attorney, her legal representative. “Consent is secured directly and not by proxy from a husband.”

Context

The ex-husband, a notorious sex offenders in France's contemporary records, was sentenced to 20 years in prison last year for sedating his then wife and inviting numerous individuals to rape her in her home in the community of the village of Mazan over a span of almost a decade of their marriage.

Fifty other men were found guilty in a notable trial last year, and the appellant was the only man to appeal against his verdict. He was initially given a sentence to nine years in prison, a sentence increased on Thursday to ten years.

The state's attorney, Dominique Sie, had contended he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Evidence Presented

Dogan had initially sent the husband graphic images and then traveled an hour from his residence in the region to rape Gisèle Pelicot, after notifying his wife he was leaving, the evidence indicated.

The ex-husband, who was brought from isolation in prison to temporarily give evidence at the retrial, stated to the court that Dogan had understood his wife had been “sedated” and he said to men by phone: “I want someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a focus point for a wider discussion on rape culture in society as Dogan continued to assert he was not guilty and had not committed rape, contending that because the victim's husband had allowed him into the bedroom, his conduct had been justifiable.

The panel in the higher court was displayed video evidence of the victim's unresponsive form, sedated and snoring in a comatose state, while a grinning the perpetrator performed assault repeatedly over a period of what authorities reported was 3.5 hours. The judge said she had been at peril of death by suffocation. The state's case said there was no question that she had been unconscious and had not agreed.

Accused's Testimony

The defendant told the court the footage were simply “sex scenes” and disputed it was assault. He said what he did was “a consensual activity”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused told the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I did not intend to injure that lady.”

Survivor's Statement

The victim, who was applauded upon exiting the courtroom each day by onlookers gathered to back her, said to the defendant in court: “You haven’t understood. When will you acknowledge you assaulted me? It is illegal to assault an incapacitated woman. How could I have give you permission? At no time.”

The victim, 72, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said Dogan’s refusal to take blame showed that: “Shame has not yet changed sides. The public is maybe in the course of that, possibly propelled by the collective awareness resulting from the publication of your case.”

Sie said Dogan’s claims of non-guilt showed how rape culture was still widespread in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

The prosecutor addressed the defendant: “While you deny it, it’s not just a woman, it’s an entire unpleasant cultural framework that you are supporting.”

Defendant's Background

The accused was born in Turkey and at the age of 5 moved to France, where his father worked as a building manager. The testimony revealed that his father was violent and that the defendant began using drugs aged 10. When he was seventeen he was caught by police for selling narcotics and his parent kicked him out the residence. He spent time in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had faced periods of being unhoused.

He was married and had a child with a genetic condition, who he was the main caregiver for, as his wife worked in a institution's dining hall. The testimony revealed his wife did not know he had frequent extramarital activities outside their union. His legal team said this was his way of coping with his stressful life. Dogan had told a evaluator that annually he looked for commercial sex on his birthday. His attorneys informed the court he had a medical condition caused by the anxiety of the original case.