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A defendant was convicted on retrial of sexually assaulting Gisele Pelicot after she was drugged unconscious by her spouse – and was given his incarceration period extended to a decade.

Retrial Proceedings

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

A panel of five men and four women, joined by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her bedroom in Provence in the morning of 29 June 2019.

The evidence showed that Dogan, a family man, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum named “unbeknownst to her”, where the husband was looking for men to come to his home to rape his wife after he had sedated her into a unconscious state.

We trust the jury will declare that in this country, fundamental rights are also rights of women – that agreement is individual, not transferred,” stated the victim's attorney, her legal representative. “Consent is received directly and not via a representative from a husband.”

Context

Dominique Pelicot, one of the worst sex offenders in recent French history, was sentenced to two decades in prison last year for sedating his spouse and bringing in dozens of men to rape her in her home in the community of Mazan over a duration of almost a decade of their union.

Numerous other individuals were found convicted in a high-profile trial last year, and Dogan was the only man to contest his sentence. He was originally handed a term to nine years in prison, a penalty raised on Thursday to ten years.

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

Testimony and Proof

Dogan had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in the region to rape the victim, after telling his wife he was going out, the court heard.

The ex-husband, who was brought from segregation in prison to temporarily give evidence at the hearing, informed the court that the accused had been aware his wife had been “sedated” and he said to men by phone: “I’m looking for someone to violate my wife after I’ve sedated her without her consent.”

The proceedings became a key topic for a broader debate on rape culture in society as the defendant continued to say he was not guilty and had not committed rape, arguing that because Gisèle Pelicot’s husband had welcomed him into the room, his actions had been acceptable.

The jury in the higher court was presented with visual proof of the victim's unconscious figure, unconscious and snoring in a deep sleep, while a grinning the perpetrator performed assault on several occasions over a timeframe of what investigators stated was several hours. The court official 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 agreed.

Defendant's Statements

Dogan stated to the court the recordings were simply “sexual encounters” and denied it was assault. He said what he did was “a consensual activity”, 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 permissible. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” Dogan informed the court. “I proceeded because he reassured me.”

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

Pelicot's Words

Gisèle Pelicot, who was supported upon departing the trial each day by onlookers present to support her, said to Dogan in court: “You haven’t understood. When will you admit you raped me? It is unlawful to rape an unaware woman. When did I ever give you consent? Not once.”

The victim, seventy-two, became an international feminist hero after she gave up her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, turning to the victim in court, said the defendant's refusal to take accountability showed that: “Guilt has not shifted. Society is perhaps in the process of that, maybe motivated by the collective awareness brought by the publication of your situation.”

Sie said the defendant's claims of blamelessness showed how rape culture was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a ethos of permission.”

Sie addressed Dogan: “For as much as you deny it, it’s not just a person, it’s an complete unpleasant social system that you are supporting.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of 5 moved to France, where his parent worked as a caretaker. The evidence indicated that his father was violent and that the defendant began smoking cannabis at the age of 10. When he was seventeen he was stopped by authorities for dealing drugs and his father evicted him the family house. He served time in prison for narcotics offenses in his young adulthood and had worked as a laborer but had experienced periods of homelessness.

He was married and had a son with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a school canteen. The evidence showed his spouse did not know he had frequent intimate relations outside their marriage. His legal team said this was his way of coping with his difficult circumstances. The defendant had stated to a mental health expert that annually he looked for paid sex on his special day. His lawyers stated to the court he had a medical condition resulting from the anxiety of the initial proceedings.