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A defendant was declared guilty on retrial of sexually assaulting Gisele Pelicot after she was drugged unconscious by her then-husband – and was given his jail term increased to a decade.

Retrial Proceedings

Dogan, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, underwent a retrial this week at the Nîmes court of appeal.

A jury of four women and five men, accompanied by three judges, found Dogan guilty on Thursday of raping Pelicot in her bedroom in southern France in the early hours of 29 June 2019.

The testimony revealed that the accused, a married father, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum called “without her consent”, where Pelicot was looking for men to enter his residence to assault his wife after he had rendered her unconscious into a comatose state.

“We hope the panel will affirm that in this society, fundamental rights are also rights of women – that permission is individual, not given by another,” said the victim's lawyer, Antoine Camus. “Agreement is obtained personally and not by proxy from a spouse.”

Context

The ex-husband, a notorious sex offenders in recent French history, was sentenced to twenty years in prison last year for sedating his spouse and inviting numerous individuals to sexually assault her in her home in the Provence village of Mazan over a span of many years of their union.

Fifty other men were found guilty in a high-profile trial last year, and Dogan was the sole individual to challenge his conviction. He was originally handed a term to 9 years in prison, a sentence raised on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had stated he should serve twelve years, because he “completely denies to take any responsibility”.

Evidence Presented

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

Pelicot, who was brought from segregation in prison to temporarily testify at the retrial, told the court that the accused had been aware his wife had been “incapacitated” and he said to men by phone: “I seek someone to violate my wife after I’ve put her to sleep without her consent.”

The proceedings became a key topic for a wider discussion on sexual violence norms in society as the defendant continued to say he was not guilty and had not engaged in violation, contending that because the victim's husband had invited him into the bedroom, his conduct had been acceptable.

The jury in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s unresponsive form, sedated and snoring in a unconscious condition, while a smiling the perpetrator committed rape repeatedly over a duration of what police said was several hours. The judge said she had been at danger of death by asphyxiation. The state's case said there was absolute certainty that she had been unaware and had not given permission.

Dogan's Claims

Dogan told the court the recordings were simply “intimate moments” and disputed it was assault. He said what he did was “a sexual act”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I wanted to stop,” the accused stated to the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I never wanted to harm that lady.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon leaving court each day by crowds gathered to stand with her, said to the defendant in court: “You fail to comprehend. When will you admit you violated me? It is unlawful to rape an unconscious woman. At what point did I give you consent? Not once.”

Gisèle Pelicot, 72, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “The shame should shift.”

Legal Commentary

The prosecutor, speaking to the victim in court, said Dogan’s refusal to take accountability showed that: “Shame has not yet changed sides. The public is maybe in the process of that, maybe driven by the collective awareness spurred by the exposure of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance was still common in society as part of “archaic” forms of “gender-based power”. He said: “Now we must change rape culture to a culture of consent.”

Sie said to the defendant: “As long as you reject it, it’s not just a woman, it’s an entire sordid cultural framework that you are endorsing.”

Personal History

The accused was born in the country of Turkey and at the age of 5 moved to France, where his father worked as a caretaker. The court heard that his father was violent and that Dogan began consuming marijuana aged ten. When he was seventeen he was stopped by authorities for drug trafficking and his parent kicked him out the residence. He spent time in prison for trafficking in his twenties and had worked as a construction worker but had faced periods of being unhoused.

He was wed and had a son with special needs, who he was the principal carer for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had regular sexual encounters beyond their union. His defence said this was his method of dealing with his difficult circumstances. Dogan had stated to a evaluator that once a year he looked for paid sex on his birthday. His legal representatives told the court he had a medical condition caused by the pressure of the first trial.