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An individual has been found guilty on retrial of sexually assaulting Gisele Pelicot after she was sedated by her husband – and has had his incarceration period extended to a decade.

Retrial Proceedings

The defendant, 44, an unemployed builder, who had contested his first conviction last year, faced a retrial this week at the appeals court in Nîmes.

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

The court heard that the accused, a family man, connected with the victim's spouse, Dominique Pelicot, in an online chatroom called “unbeknownst to her”, where the husband was looking for men to enter his residence to rape his wife once he had sedated her into a deep sleep.

We expect the jury will affirm that in this country, fundamental rights are also rights of women – that consent is personal, not transferred,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is received personally and not through someone else from a spouse.”

Background

The husband, a notorious sexual predators in France's contemporary records, was given a prison term to 20 years in prison last year for incapacitating his wife at the time and bringing in 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.

Dozens of additional defendants were found guilty in a notable trial last year, and the appellant was the only man to appeal against his sentence. He was initially handed a term to nine years in prison, a punishment increased on Thursday to 10 years.

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

Courtroom Details

Dogan had initially sent the husband sexually explicit photos and then traveled an hour from his town in Provence to assault the victim, after notifying his wife he was stepping out, the court heard.

Pelicot, who was transported from solitary confinement in prison to temporarily testify at the retrial, stated to the court that the accused had known his wife had been “sedated” and he communicated to men by phone: “I want someone to assault my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a focus point for a larger conversation on societal attitudes in society as the defendant continued to say he was not guilty and had not committed rape, arguing that because the victim's husband had welcomed him into the residence, his behavior had been permissible.

The panel in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s limp body, comatose and breathing heavily in a unconscious condition, while a smiling Dogan performed assault multiple times over a period of what investigators stated was 3.5 hours. The judge said she had been at danger of death by choking. The state's case said there was absolute certainty that she had been unaware and had not consented.

Defendant's Statements

Dogan stated to the court the footage were simply “intimate moments” and disputed it was violation. He said what he did was “a sexual act”, not rape. He stated the court: “I did not commit rape.” He said the victim's husband had invited him to the home, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I carried on because he convinced me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I had no desire to injure that lady.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon leaving court each day by supporters assembled to back her, told Dogan in court: “You do not grasp. When are you going to recognise you assaulted me? It’s a crime to rape an incapacitated woman. How could I have give you consent? Never.”

Gisèle Pelicot, 72, became an international feminist hero after she waived her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “The shame remains. The public is perhaps in the process of that, possibly driven by the societal understanding resulting from the publication of your case.”

The prosecutor said the defendant's claims of non-guilt showed how rape culture was still widespread in society as part of “archaic” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a society based on agreement.”

Sie told the defendant: “As long as you deny it, it’s not just a woman, it’s an complete sordid societal structure that you are upholding.”

Defendant's Background

Dogan was originated from Turkey and at the age of 5 came to France, where his parent worked as a building manager. The evidence indicated that his parent was aggressive and that Dogan began consuming marijuana at the age of 10. When he was 17 he was apprehended by authorities for drug trafficking and his father kicked him out the family house. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a construction worker but had faced periods of homelessness.

He was married and had a son with special needs, who he was the principal carer for, as his spouse worked in a school canteen. The court heard his wife did not know he had regular extramarital activities beyond their union. His defence said this was his strategy for managing with his challenging existence. The defendant had informed a evaluator that annually he sought transactional encounters on his special day. His legal representatives informed the court he had arthritis triggered by the stress of the initial proceedings.