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A man was declared guilty on retrial of sexually assaulting Gisèle Pelicot following she was sedated by her spouse – and was given his incarceration period extended to 10 years.

Higher Court Case

The defendant, forty-four, an unemployed builder, who had contested his initial guilty verdict last year, underwent a new trial this week at the Nîmes court of appeal.

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

The evidence showed that the accused, a married father, connected with Gisèle Pelicot’s husband at the time, the husband, in an internet forum named “unbeknownst to her”, where Pelicot was seeking men to come to his home to rape his wife after he had sedated her into a unconscious state.

“We hope the court will declare that in this country, fundamental rights are also rights of women – that permission is individual, not delegated,” stated the victim's attorney, Antoine Camus. “Agreement is received directly and not via a representative from a husband.”

Background

The ex-husband, among the most severe sex offenders in modern French history, was handed a sentence to twenty years in prison last year for incapacitating his spouse and bringing in multiple perpetrators to rape her in her home in the town of Mazan over a span of almost a decade of their marriage.

Fifty other men were found culpable in a notable trial last year, and the appellant was the sole individual to contest his verdict. He was initially handed a term to 9 years in prison, a penalty enhanced on Thursday to ten years.

The state's attorney, the prosecutor, had stated he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Evidence Presented

Dogan had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his village in Provence to assault Gisèle Pelicot, after notifying his wife he was stepping out, the evidence indicated.

Pelicot, who was transported from segregation in prison to briefly give evidence at the appeal trial, stated to the court that Dogan had understood his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve sedated her without her consent.”

The trial became a central issue for a larger conversation on rape culture in society as the defendant continued to claim he was not guilty and had not perpetrated assault, arguing that because the victim's husband had invited him into the bedroom, his conduct had been permissible.

The panel in the Nîmes appeals court was shown recorded footage of the victim's unconscious figure, sedated and breathing heavily in a deep sleep, while a smiling Dogan committed rape on several occasions over a period of what investigators stated was 3.5 hours. The presiding judge said she had been at risk of fatal outcome by suffocation. The prosecution said there was no question that she had been unconscious and had not consented.

Accused's Testimony

The defendant stated to the court the videos were simply “sex scenes” and rejected it was assault. He said what he did was “an intimate behavior”, not assault. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I proceeded because he reassured me.”

Asked if he wanted to make a last words to the court, Dogan said: “I had no desire to harm that woman.”

Victim's Response

The victim, who was cheered upon departing the trial each day by onlookers gathered to back her, addressed the defendant in court: “You fail to comprehend. When will you admit you assaulted me? It is illegal to rape an incapacitated woman. How could I have give you permission? Never.”

Gisèle Pelicot, seventy-two, became an global icon after she gave up her right to privacy in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “The shame remains. The public is maybe in the course of that, possibly driven by the public consciousness resulting from the publication of your ordeal.”

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

The prosecutor told Dogan: “As long as you deny it, it’s not just a woman, it’s an whole disturbing cultural framework that you are endorsing.”

Biographical Details

The accused was originated from the country of Turkey and at the age of 5 relocated to France, where his parent worked as a concierge. The court heard that his parent was abusive and that Dogan began consuming marijuana aged ten. When he was 17 he was caught by police for selling narcotics and his father kicked him out of home. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a laborer but had faced periods of being unhoused.

He was married and had a son with a genetic condition, who he was the main caregiver for, as his spouse worked in a school canteen. The court heard his spouse did not know he had repeated sexual encounters beyond their marriage. His legal team said this was his strategy for managing with his challenging existence. The defendant had informed a evaluator that annually he looked for commercial sex on his special day. His attorneys informed the court he had joint inflammation caused by the anxiety of the initial proceedings.