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An individual was declared guilty on retrial of sexually assaulting Gisele Pelicot after she was sedated by her spouse – and was given his incarceration period extended to ten years.

Retrial Proceedings

The defendant, forty-four, an out-of-work construction worker, who had contested his initial guilty verdict last year, underwent a appeal hearing this week at the appeals court in Nîmes.

A jury of nine jurors, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her home in the south of France in the morning of June 29, 2019.

The testimony revealed that the accused, a family man, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum called “without her knowledge”, where the husband was recruiting men to enter his residence to rape his wife after he had drugged her into a deep sleep.

We expect the panel will declare that in this country, fundamental rights are also women’s rights – that permission is personal, not delegated,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is received directly and not via a representative from a husband.”

Background

The ex-husband, among the most severe sexual predators in France's contemporary records, was given a prison term to twenty years in prison last year for drugging his spouse and inviting numerous individuals to sexually assault her in her home in the community of Mazan over a period of many years of their union.

Fifty other men were found convicted in a widely publicized trial last year, and the appellant was the sole individual to appeal against his verdict. He was originally sentenced to nine years in prison, a punishment enhanced on Thursday to a decade.

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

Evidence Presented

The defendant had first sent Dominique Pelicot graphic images and then driven an hour from his town in the region to rape the victim, after notifying his wife he was stepping out, the testimony revealed.

Pelicot, who was brought from isolation in prison to briefly give evidence at the retrial, told the court that Dogan had been aware his wife had been “sedated” and he communicated to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The proceedings became a focus point for a broader debate on societal attitudes in society as Dogan continued to assert he was innocent and had not perpetrated assault, 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 presented with visual proof of the victim's unconscious figure, sedated and snoring in a deep sleep, while a grinning Dogan engaged in violation repeatedly over a timeframe of what authorities reported was three and a half hours. The presiding judge said she had been at risk of death by suffocation. The state prosecution said there was absolute certainty that she had been unaware and had not consented.

Defendant's Statements

The defendant informed the court the footage were simply “sex scenes” and disputed it was rape. 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 home, and therefore it was acceptable. He said he was influenced by the husband. “I tried to halt,” the accused told the court. “I continued because he reassured me.”

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

Survivor's Statement

The survivor, who was supported upon exiting the courtroom each day by onlookers assembled to support her, addressed Dogan in court: “You haven’t understood. When are you going to recognise you violated me? It’s a crime to rape an unaware woman. How could I have give you consent? At no time.”

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

Legal Commentary

The prosecutor, turning to the victim in court, said Dogan’s refusal to take accountability showed that: “The shame remains. The public is perhaps in the midst of that, perhaps driven by the societal understanding spurred by the revelation of your ordeal.”

The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still prevalent in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change the culture of violence to a culture of consent.”

The prosecutor told Dogan: “For as much as you reject it, it’s not just a person, it’s an whole unpleasant cultural framework that you are endorsing.”

Biographical Details

The accused was originated from Turkey and at the age of 5 relocated to France, where his father worked as a concierge. The testimony revealed that his father was violent and that the defendant began consuming marijuana aged 10. When Dogan was 17 he was apprehended by authorities for selling narcotics and his father evicted him of home. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a laborer but had experienced periods of being unhoused.

He was wed and had a son with special needs, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The testimony revealed his spouse did not know he had frequent extramarital activities beyond their marriage. His legal team said this was his method of dealing with his difficult circumstances. The defendant had stated to a mental health expert that once a year he sought paid sex on his birthday. His legal representatives told the court he had arthritis caused by the anxiety of the original case.