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A defendant was declared guilty on retrial of sexually assaulting Gisele Pelicot following she was sedated by her spouse – and has had his incarceration period increased to 10 years.

Appeal Trial

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

A jury of nine jurors, sitting with three judges, convicted Dogan on Thursday of raping the victim in her residence in the south of France in the early hours of June 29, 2019.

The evidence showed that the accused, a family man, reached out to Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an digital platform named “without her knowledge”, where the husband was looking for men to visit his house to rape his wife once he had drugged her into a unconscious state.

“We hope the panel will affirm that in this country, fundamental rights are also rights of women – that agreement is personal, not delegated,” said the victim's lawyer, Antoine Camus. “Consent is secured personally and not by proxy from a husband.”

Case History

The husband, among the most severe sexual predators in recent French history, was given a prison term to two decades in prison last year for sedating his spouse and inviting dozens of men to sexually assault her in her home in the Provence village of Mazan over a duration of nearly ten years of their union.

Numerous other individuals were found convicted in a high-profile trial last year, and the appellant was the only man to challenge his sentence. He was originally handed a term to 9 years in prison, a penalty increased on Thursday to 10 years.

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

Courtroom Details

The defendant had first sent the husband sexually explicit photos and then driven an hour from his town in the region to assault Gisèle Pelicot, after informing his wife he was leaving, the testimony revealed.

Pelicot, who was transported from solitary confinement in prison to temporarily give evidence at the hearing, stated to the court that Dogan had understood his wife had been “drugged” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep without her knowledge.”

The courtroom became a central issue for a larger conversation on rape culture in society as Dogan continued to assert he was blameless and had not committed rape, arguing that because the victim's husband had invited him into the residence, his actions had been permissible.

The jury in the higher court was displayed visual proof of Gisèle Pelicot’s unconscious figure, sedated and breathing heavily in a deep sleep, while a smiling Dogan engaged in violation on several occasions over a timeframe of what investigators stated was three and a half hours. The court official said she had been at peril of death by suffocation. The prosecution said there was absolute certainty that she had been unconscious and had not given permission.

Dogan's Claims

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

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

Pelicot's Words

Gisèle Pelicot, who was applauded upon departing the trial each day by crowds assembled to back her, told the defendant in court: “You do not grasp. When are you going to recognise you raped me? It is unlawful to rape an incapacitated woman. How could I have give you agreement? Never.”

The victim, seventy-two, became an symbol of resistance after she relinquished her right to confidentiality 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 failure to take blame showed that: “Shame has not yet changed sides. The community is possibly in the midst of that, perhaps propelled by the societal understanding resulting from the revelation of your ordeal.”

Sie said the defendant's claims of non-guilt showed how societal tolerance was still prevalent in society as part of “archaic” forms of “male domination”. He said: “Now we must change rape culture to a ethos of permission.”

Sie addressed Dogan: “While you deny it, it’s not just a person, it’s an entire unpleasant cultural framework that you are supporting.”

Defendant's Background

Dogan was originated from Turkey and at the age of five came to the nation of France, where his father worked as a building manager. The evidence indicated that his parent was violent and that Dogan began consuming marijuana aged ten. When Dogan was seventeen he was caught by police for drug trafficking and his parent evicted him of home. He served time in prison for narcotics offenses in his early 20s and had worked as a laborer but had experienced periods of homelessness.

He was wed and had a son with special needs, who he was the main caregiver for, as his wife worked in a educational cafeteria. The testimony revealed his spouse did not know he had regular intimate relations beyond their union. His legal team said this was his way of coping with his stressful life. Dogan had told a court psychologist that each year he sought paid sex on his birthday. His attorneys told the court he had arthritis resulting from the stress of the initial proceedings.