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A man has been found guilty on retrial of sexually assaulting Gisèle Pelicot after she was sedated by her spouse – and was given his incarceration period raised to a decade.

Retrial Proceedings

The defendant, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, faced a new trial this week at the higher court in Nîmes.

A jury of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her bedroom in southern France in the morning of June 29, 2019.

The evidence showed that Dogan, a family man, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum called “unbeknownst to her”, where Pelicot was seeking men to come to his home to rape his wife once he had drugged her into a deep sleep.

“We hope the court will say loud and clear that in this nation, human rights are also rights of women – that agreement is personal, not delegated,” declared the victim's lawyer, her legal representative. “Agreement is secured directly and not via a representative from a husband.”

Context

The ex-husband, among the most severe sexual predators in France's contemporary records, was sentenced to 20 years in prison last year for sedating his wife at the time and inviting multiple perpetrators to sexually assault her in her home in the town of Mazan over a duration of nearly ten years of their marriage.

Fifty other men were found culpable in a widely publicized trial last year, and the appellant was the single defendant to challenge his sentence. He was first given a sentence to 9 years in prison, a penalty raised on Thursday to ten years.

The state's attorney, Dominique Sie, had stated he should serve twelve years, because he “stubbornly rejects to take any blame”.

Evidence Presented

The defendant had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in the region to assault Gisèle Pelicot, after informing his wife he was stepping out, the evidence indicated.

The ex-husband, who was brought from segregation in prison to temporarily testify at the hearing, told the court that Dogan had known his wife had been “incapacitated” and he said to men by phone: “I want someone to assault my wife after I’ve sedated her without her consent.”

The proceedings became a central issue 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, stating that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his behavior had been acceptable.

The panel in the Nîmes appeals court was presented with recorded footage of the victim's unresponsive form, unconscious and snoring in a deep sleep, while a smiling Dogan committed rape multiple times over a duration of what investigators stated was three and a half hours. The court official said she had been at danger of fatal outcome by asphyxiation. The prosecution said there was no question that she had been unaware and had not agreed.

Defendant's Statements

The defendant told the court the footage were simply “intimate moments” and denied it was violation. He said what he did was “an intimate behavior”, not assault. He told the court: “I never raped.” He said the victim's husband had allowed him to the house, and therefore it was OK. He said he was influenced by the husband. “I attempted to cease,” the accused informed the court. “I continued because he convinced me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I never wanted to injure that individual.”

Pelicot's Words

The survivor, who was cheered upon exiting the courtroom each day by onlookers present to back her, addressed the defendant in court: “You do not grasp. When will you acknowledge you raped me? It’s a crime to assault an unaware woman. At what point did I give you permission? At no time.”

The victim, 72, became an global icon after she waived her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, addressing Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “Shame has not yet changed sides. The community is maybe in the process of that, possibly driven by the public consciousness spurred by the publication of your ordeal.”

Sie said Dogan’s claims of non-guilt showed how societal tolerance was still common in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change rape culture to a ethos of permission.”

The prosecutor said to the defendant: “While you deny it, it’s not just a individual, it’s an whole unpleasant societal structure that you are supporting.”

Personal History

The accused was born in the country of Turkey and at the age of five came to France, where his father worked as a caretaker. The evidence indicated that his parent was abusive and that Dogan began consuming marijuana at the age of 10. When Dogan was 17 he was caught by police for drug trafficking and his parent forced him to leave the family house. He served time in prison for narcotics offenses in his early 20s and had worked as a builder but had faced periods of being unhoused.

He was wed and had a child with a genetic condition, who he was the principal carer for, as his wife worked in a school canteen. The court heard his wife did not know he had regular sexual encounters outside their union. His defence said this was his way of coping with his challenging existence. Dogan had told a mental health expert that annually he engaged in transactional encounters on his special day. His lawyers told the court he had arthritis triggered by the pressure of the first trial.