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An individual has been found guilty on retrial of sexually assaulting Gisèle Pelicot following she was sedated by her then-husband – and has had his incarceration period extended to 10 years.

Higher Court Case

The defendant, forty-four, an out-of-work construction worker, who had contested his first conviction last year, experienced a retrial this week at the appeals court in Nîmes.

A jury of nine jurors, joined by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in the south of France in the early hours of June 29, 2019.

The court heard that Dogan, a married father, reached out to Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an internet forum called “without her knowledge”, where the husband was looking for men to enter his residence to rape his wife after he had sedated her into a deep sleep.

“We hope the court will say loud and clear that in this nation, human rights are also rights of women – that consent is personal, not given by another,” stated Gisèle Pelicot’s attorney, her legal representative. “Permission is obtained personally and not by proxy from a spouse.”

Background

The husband, one of the worst sexual predators in modern French history, was handed a sentence to twenty years in prison last year for incapacitating his then wife and bringing in dozens of men to rape her in her home in the town of the village of Mazan over a period of nearly ten years of their marriage.

Fifty other men were found guilty in a widely publicized trial last year, and the appellant was the only man to appeal against his sentence. He was first handed a term to nine years in prison, a penalty raised on Thursday to ten years.

The chief prosecutor, Dominique Sie, had stated he should serve twelve years, because he “completely denies to take any blame”.

Courtroom Details

The defendant had initially sent the husband graphic images and then driven an hour from his town in the region to assault the victim, after telling his wife he was leaving, the evidence indicated.

Pelicot, who was brought from isolation in prison to briefly testify at the retrial, told the court that Dogan had known his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a central issue for a wider discussion on sexual violence norms in society as the defendant continued to claim he was blameless and had not committed rape, contending that because the victim's husband had invited him into the residence, his actions had been permissible.

The jury in the Nîmes appeals court was presented with visual proof of Gisèle Pelicot’s limp body, sedated and breathing heavily in a deep sleep, while a smiling the perpetrator committed rape repeatedly over a timeframe of what authorities reported was three and a half hours. The judge said she had been at danger of fatal outcome by asphyxiation. The prosecution said there was absolute certainty that she had been incapacitated and had not consented.

Defendant's Statements

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

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

Survivor's Statement

The survivor, who was cheered upon departing the trial each day by crowds gathered to support her, told Dogan in court: “You haven’t understood. When will you acknowledge you raped me? It is unlawful to rape an unconscious woman. When did I ever give you consent? Never.”

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

Prosecutor's Remarks

Sie, turning to the victim in court, said the defendant's failure to take accountability showed that: “The shame remains. The community is maybe in the course of that, perhaps motivated by the collective awareness brought by the exposure of your case.”

Sie said Dogan’s claims of non-guilt showed how normalized violence was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change the culture of violence to a ethos of permission.”

Sie told Dogan: “While you refuse to admit it, it’s not just a individual, it’s an complete sordid societal structure that you are supporting.”

Biographical Details

The accused was born in Turkey and at the age of 5 moved to France, where his father worked as a caretaker. The testimony revealed that his father was aggressive and that the defendant began consuming marijuana aged 10. When he was 17 he was stopped by authorities for drug trafficking and his father forced him to leave of home. He served time in prison for drug dealing in his young adulthood and had worked as a laborer but had undergone 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 spouse worked in a school canteen. The testimony revealed his spouse did not know he had repeated extramarital activities beyond their marriage. His defence said this was his strategy for managing with his difficult circumstances. The defendant had told a mental health expert that each year he engaged in transactional encounters on his special day. His legal representatives stated to the court he had a medical condition caused by the pressure of the initial proceedings.