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A defendant was convicted on higher court review of raping Gisèle Pelicot following she was sedated by her then-husband – and was given his incarceration period raised to ten years.

Retrial Proceedings

The defendant, 44, an out-of-work construction worker, who had appealed his first conviction last year, experienced a retrial this week at the higher court in Nîmes.

A panel of five men and four women, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her home in southern France in the early hours of June 29, 2019.

The evidence showed that Dogan, a married father, reached out to Gisèle Pelicot’s then husband, the husband, in an digital platform named “without her knowledge”, where the husband was seeking men to come to his home to rape his wife once he had drugged her into a comatose state.

We expect the jury will declare that in this society, fundamental rights are also rights of women – that consent is individual, not given by another,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Consent is secured personally and not by proxy from a spouse.”

Background

Dominique Pelicot, a notorious sexual predators in France's contemporary records, was handed a sentence 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 Provence village of the village of Mazan over a span of nearly ten years of their union.

Dozens of additional defendants were found guilty in a widely publicized trial last year, and the appellant was the sole individual to contest his sentence. He was originally given a sentence to 9 years in prison, a sentence increased on Thursday to a decade.

The state's attorney, Dominique Sie, had argued he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

The defendant had initially sent the husband sexually explicit photos and then driven an hour from his residence in Provence to rape Gisèle Pelicot, after telling his wife he was going out, the testimony revealed.

Pelicot, who was brought from solitary confinement in prison to briefly give evidence at the appeal trial, informed the court that Dogan had known his wife had been “sedated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her knowledge.”

The trial became a central issue for a broader debate on sexual violence norms in society as the defendant continued to claim he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had welcomed him into the room, his conduct had been acceptable.

The jury in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a deep sleep, while a grinning Dogan engaged in violation repeatedly over a duration of what police said was 3.5 hours. The court official said she had been at danger of death by asphyxiation. The state's case said there was no question that she had been unaware and had not agreed.

Dogan's Claims

The defendant stated to the court the videos were simply “sexual encounters” and disputed it was violation. 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 house, and therefore it was OK. He said he was influenced by the husband. “I tried to halt,” the accused told the court. “I proceeded because he convinced me.”

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

Pelicot's Words

The survivor, who was supported upon departing the trial each day by supporters gathered to back her, told Dogan in court: “You haven’t understood. When will you acknowledge you assaulted me? It is unlawful to assault an incapacitated woman. At what point did I give you permission? Not once.”

Gisèle Pelicot, seventy-two, became an global icon after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, addressing Gisèle Pelicot in court, said the defendant's failure to take accountability showed that: “Guilt has not shifted. The public is maybe in the midst of that, possibly propelled by the societal understanding brought by the exposure of your case.”

Sie said Dogan’s claims of innocence showed how normalized violence was still widespread in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change rape culture to a society based on agreement.”

Sie addressed Dogan: “While you refuse to admit it, it’s not just a woman, it’s an complete sordid social system that you are supporting.”

Personal History

The accused was born in the country of Turkey and at the age of five moved to France, where his father worked as a concierge. The evidence indicated that his parent was abusive and that Dogan began smoking cannabis aged 10. When Dogan was 17 he was stopped by police for selling narcotics and his parent evicted him the residence. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a construction worker but had experienced periods of living on the streets.

He was wed and had a child with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The testimony revealed his spouse did not know he had regular intimate relations outside their union. His defence said this was his strategy for managing with his stressful life. Dogan had informed a mental health expert that each year he engaged in paid sex on his special day. His legal representatives stated to the court he had joint inflammation caused by the stress of the initial proceedings.