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An individual was declared guilty on retrial of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her husband – and was given his jail term extended to 10 years.

Higher Court Case

Dogan, forty-four, an out-of-work construction worker, who had appealed his initial guilty verdict last year, faced a appeal hearing this week at the Nîmes court of appeal.

A panel of five men and four women, joined by three judges, found Dogan guilty on Thursday of raping the victim in her bedroom in Provence in the early hours of 29 June 2019.

The testimony revealed that Dogan, a family man, connected with the victim's then husband, Dominique Pelicot, in an internet forum named “unbeknownst to her”, where Pelicot was recruiting men to enter his residence to rape his wife once he had sedated her into a comatose state.

“We hope the jury will say loud and clear that in this nation, fundamental rights are also rights of women – that agreement is individual, not delegated,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is secured directly and not through someone else from a husband.”

Context

Dominique Pelicot, one of the worst sexual predators in modern French history, was handed a sentence to two decades in prison last year for drugging his then wife and bringing in dozens of men to rape her in her home in the Provence village of Mazan over a period of almost a decade of their marriage.

Fifty other men were found convicted in a notable trial last year, and Dogan was the only man to contest his verdict. He was initially given a sentence to nine years in prison, a sentence enhanced on Thursday to 10 years.

The state's attorney, the prosecutor, had stated he should serve 12 years, because he “completely denies to take any responsibility”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his residence in the region to assault the victim, after informing his wife he was going out, the testimony revealed.

The ex-husband, who was transported from solitary confinement in prison to temporarily testify at the retrial, stated to the court that Dogan had understood his wife had been “drugged” and he said to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious without her consent.”

The trial became a central issue for a broader debate on societal attitudes in society as the defendant continued to say he was innocent and had not committed rape, contending that because Gisèle Pelicot’s husband had allowed him into the room, his behavior had been permissible.

The panel in the higher court was presented with video evidence of Gisèle Pelicot’s unconscious figure, sedated and snoring in a comatose state, while a smiling the perpetrator committed rape multiple times over a period of what investigators stated was 3.5 hours. The judge said she had been at peril of death by asphyxiation. The state's case said there was no doubt that she had been unconscious and had not agreed.

Dogan's Claims

Dogan told the court the recordings were simply “sex scenes” and denied it was rape. He said what he did was “an intimate behavior”, not assault. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was permissible. He said he was deceived by the husband. “I attempted to cease,” the accused informed the court. “I continued because he reassured me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to injure that lady.”

Survivor's Statement

The survivor, who was applauded upon departing the trial each day by crowds gathered to back her, addressed Dogan in court: “You haven’t understood. When will you acknowledge you assaulted me? It’s a crime to rape an unaware woman. How could I have give you agreement? At no time.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's refusal to take blame showed that: “Shame has not yet changed sides. The public is perhaps in the midst of that, perhaps motivated by the public consciousness brought by the revelation of your ordeal.”

The prosecutor said Dogan’s claims of innocence showed how normalized violence was still common in society as part of “archaic” forms of “male domination”. He said: “Now we must change the culture of violence to a society based on agreement.”

Sie said to the defendant: “While you deny it, it’s not just a person, it’s an whole disturbing societal structure that you are upholding.”

Personal History

The accused was originated from Turkey and at the age of 5 moved to France, where his father worked as a caretaker. The evidence indicated that his parent was abusive and that the defendant began consuming marijuana aged 10. When he was seventeen he was apprehended by authorities for drug trafficking and his father forced him to leave the family house. He served time in prison for drug dealing in his early 20s and had worked as a construction worker but had faced periods of being unhoused.

He was married and had a child with special needs, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The testimony revealed his wife did not know he had frequent sexual encounters beyond their union. His legal team said this was his way of coping with his difficult circumstances. The defendant had told a court psychologist that once a year he looked for transactional encounters on his birthday. His lawyers stated to the court he had joint inflammation triggered by the pressure of the original case.