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An individual was declared guilty on retrial of sexually assaulting Gisèle Pelicot following she was sedated by her then-husband – and was given his incarceration period extended to ten years.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, experienced a retrial this week at the appeals court in Nîmes.

A jury of four women and five men, accompanied by three judges, convicted Dogan on Thursday of raping Pelicot in her home in the south of France in the early hours of June 29, 2019.

The court heard that Dogan, a family man, connected with Gisèle Pelicot’s then husband, the husband, in an internet forum named “without her knowledge”, where Pelicot was recruiting men to enter his residence to rape his wife once he had drugged her into a unconscious state.

We trust the panel will affirm that in this society, human rights are also women’s rights – that permission is personal, not transferred,” said Gisèle Pelicot’s lawyer, her legal representative. “Consent is received directly and not through someone else from a spouse.”

Case History

Dominique Pelicot, among the most severe sex offenders in modern French history, was given a prison term to twenty years in prison last year for incapacitating his spouse and bringing in numerous individuals to rape her in her home in the Provence village of Mazan over a span of almost a decade of their union.

Numerous other individuals were found guilty in a notable trial last year, and Dogan was the single defendant to challenge his conviction. He was initially sentenced to 9 years in prison, a sentence raised on Thursday to a decade.

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

Evidence Presented

The defendant had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his residence in the region to rape the victim, after telling his wife he was stepping out, the evidence indicated.

Pelicot, who was brought from solitary confinement in prison to temporarily give evidence at the appeal trial, informed the court that Dogan had been aware his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a key topic for a larger conversation on societal attitudes in society as the defendant continued to say he was not guilty and had not engaged in violation, stating that because the victim's husband had allowed him into the residence, his conduct had been justifiable.

The jury in the higher court was shown recorded footage of Gisèle Pelicot’s unconscious figure, sedated and breathing heavily in a deep sleep, while a smiling Dogan engaged in violation repeatedly over a timeframe of what authorities reported was 3.5 hours. The court official said she had been at danger of death by choking. The state prosecution said there was no question that she had been incapacitated 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 “an intimate behavior”, not assault. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I tried to halt,” the accused stated to 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 never wanted to injure that woman.”

Victim's Response

The victim, who was cheered upon exiting the courtroom each day by supporters gathered to stand with her, said to the defendant in court: “You haven’t understood. When will you acknowledge you raped me? It’s a crime to assault an unaware woman. At what point did I give you agreement? Not once.”

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

Legal Commentary

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

Sie said the defendant's claims of innocence showed how normalized violence was still widespread in society as part of “archaic” forms of “gender-based power”. He said: “We need to change the culture of violence to a ethos of permission.”

Sie addressed Dogan: “As long as you reject it, it’s not just a person, it’s an whole sordid societal structure that you are supporting.”

Personal History

The accused was originated from Turkey and at the age of 5 came to France, where his father worked as a concierge. The court heard that his father was aggressive and that Dogan began smoking cannabis aged 10. When he was 17 he was stopped by police for selling narcotics and his parent evicted him of home. He served time in prison for drug dealing in his early 20s and had worked as a construction worker but had undergone periods of being unhoused.

He was married and had a child with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The court heard his wife did not know he had repeated extramarital activities beyond their union. His defence said this was his method of dealing with his difficult circumstances. Dogan had stated to a court psychologist that annually he engaged in commercial sex on his birthday. His attorneys told the court he had a medical condition resulting from the pressure of the initial proceedings.