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A defendant was convicted on retrial of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her husband – and was given his incarceration period raised to ten years.

Retrial Proceedings

Dogan, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, faced a retrial this week at the appeals court in Nîmes.

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

The court heard that Dogan, a married father, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum titled “without her knowledge”, where Pelicot was looking for men to enter his residence to rape his wife once he had sedated her into a unconscious state.

“We hope the court will affirm that in this country, fundamental rights are also rights of women – that consent is individual, not given by another,” stated the victim's attorney, Antoine Camus. “Agreement is received personally and not by proxy from a spouse.”

Context

The ex-husband, one of the worst sexual predators in recent French history, was given a prison term to twenty years in prison last year for sedating his then wife and bringing in numerous individuals to sexually assault her in her home in the community of Mazan over a span of many years of their union.

Fifty other men were found guilty in a high-profile trial last year, and Dogan was the single defendant to contest his verdict. He was first handed a term to 9 years in prison, a sentence raised on Thursday to ten years.

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

Testimony and Proof

Dogan had initially sent the husband inappropriate pictures and then driven an hour from his residence in Provence to assault Gisèle Pelicot, after telling his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from segregation in prison to briefly testify at the appeal trial, stated to the court that Dogan had known his wife had been “sedated” and he said to men by phone: “I seek someone to abuse my wife after I’ve sedated her unbeknownst to her.”

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 committed rape, stating that because Gisèle Pelicot’s husband had allowed him into the room, his actions had been permissible.

The panel in the Nîmes appeals court was presented with visual proof of the victim's limp body, unconscious and snoring in a comatose state, while a grinning Dogan committed rape on several occasions over a duration of what authorities reported was several hours. The judge said she had been at risk of death by choking. The state's case said there was no question that she had been unconscious and had not given permission.

Defendant's Statements

Dogan stated to the court the recordings were simply “intimate moments” and disputed it was assault. He said what he did was “a sexual act”, not rape. He stated the court: “I did not commit rape.” He said the victim's husband had brought him to the residence, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I did not intend to hurt that lady.”

Pelicot's Words

The survivor, who was cheered upon departing the trial each day by crowds assembled to support her, said to Dogan in court: “You fail to comprehend. When will you admit you raped me? It is unlawful to assault an incapacitated woman. How could I have give you agreement? Not once.”

The victim, 72, became an international feminist hero after she gave up her right to privacy in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said the defendant's failure to take accountability showed that: “Guilt has not shifted. The public is maybe in the course of that, possibly motivated by the collective awareness resulting from the revelation of your ordeal.”

Sie said the defendant's claims of non-guilt showed how normalized violence was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change rape culture to a society based on agreement.”

The prosecutor told the defendant: “While you reject it, it’s not just a woman, it’s an whole disturbing social system that you are endorsing.”

Defendant's Background

The accused was originated from Turkey and at the age of 5 came to France, where his parent worked as a building manager. The court heard that his parent was violent and that the defendant began consuming marijuana at the age of 10. When he was seventeen he was stopped by authorities for dealing drugs and his father evicted him the family house. He spent time in prison for drug dealing in his twenties and had worked as a builder but had faced periods of homelessness.

He was married and had a son with special needs, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The evidence showed his spouse did not know he had regular extramarital activities beyond their marriage. His defence said this was his method of dealing with his difficult circumstances. The defendant had told a court psychologist that once a year he engaged in paid sex on his special day. His legal representatives stated to the court he had joint inflammation caused by the anxiety of the initial proceedings.