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A defendant has been found guilty on retrial of sexually assaulting Gisele Pelicot following she was sedated by her spouse – and received his jail term increased to a decade.

Retrial Proceedings

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

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

The evidence showed that Dogan, a married father, connected with Gisèle Pelicot’s then husband, the husband, in an digital platform titled “without her knowledge”, where the husband was recruiting men to come to his home to rape his wife once he had rendered her unconscious into a unconscious state.

We trust the panel will affirm that in this society, fundamental rights are also rights of women – that consent is personal, not given by another,” stated the victim's attorney, her legal representative. “Agreement is obtained directly and not via a representative from a spouse.”

Background

The ex-husband, one of the worst sexual predators in modern French history, was given a prison term to twenty years in prison last year for incapacitating his wife at the time and inviting dozens of men to sexually assault her in her home in the Provence village of Mazan over a span of many years of their marriage.

Numerous other individuals were found convicted in a widely publicized trial last year, and Dogan was the only man to appeal against his verdict. He was originally given a sentence to 9 years in prison, a sentence enhanced on Thursday to 10 years.

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

Testimony and Proof

Dogan had first sent Dominique Pelicot graphic images and then traveled an hour from his residence in the region to rape the victim, after notifying his wife he was leaving, the court heard.

The ex-husband, who was brought from solitary confinement in prison to briefly testify at the appeal trial, informed the court that Dogan had known his wife had been “drugged” and he told to men by phone: “I seek someone to abuse my wife after I’ve sedated her without her knowledge.”

The proceedings became a central issue for a wider discussion on sexual violence norms in society as Dogan continued to claim he was blameless and had not engaged in violation, contending that because Gisèle Pelicot’s husband had invited him into the room, his actions had been permissible.

The panel in the Nîmes appeals court was shown visual proof of the victim's unresponsive form, sedated and snoring in a comatose state, while a grinning Dogan committed rape on several occasions over a timeframe of what authorities reported was 3.5 hours. The presiding judge said she had been at risk of death by choking. The state's case said there was absolute certainty that she had been incapacitated and had not consented.

Dogan's Claims

The defendant stated to the court the recordings were simply “sex scenes” and denied it was rape. He said what he did was “an intimate behavior”, not rape. He told the court: “I never raped.” He said the victim's husband had invited him to the home, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan told the court. “I proceeded because he reassured me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I never wanted to hurt that lady.”

Survivor's Statement

The victim, who was applauded upon departing the trial each day by onlookers assembled to support her, told Dogan in court: “You fail to comprehend. When are you going to recognise you violated me? It is unlawful to rape an unconscious woman. How could I have give you permission? At no time.”

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

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's refusal to take responsibility showed that: “Shame has not yet changed sides. Society is possibly in the process of that, perhaps 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 “male domination”. He said: “We need to change rape culture to a culture of consent.”

Sie said to the defendant: “For as much as you deny it, it’s not just a woman, it’s an complete unpleasant social system that you are upholding.”

Defendant's Background

The accused was born in Turkey and at the age of five relocated to France, where his parent worked as a building manager. The evidence indicated that his father was violent and that the defendant began smoking cannabis aged 10. When he was 17 he was apprehended by authorities for selling narcotics and his parent evicted him the family house. He was incarcerated in prison for narcotics offenses 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 son with special needs, who he was the primary guardian for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had frequent extramarital activities outside their union. His defence said this was his way of coping with his difficult circumstances. The defendant had stated to a evaluator that annually he engaged in paid sex on his birthday. His legal representatives told the court he had a medical condition triggered by the stress of the initial proceedings.