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A defendant was declared guilty on retrial of raping Gisèle Pelicot following she was sedated by her then-husband – and received his prison sentence raised to ten years.

Retrial Proceedings

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

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

The court heard that the accused, a married father, reached out to the victim's husband at the time, Dominique Pelicot, in an online chatroom named “without her knowledge”, where Pelicot was recruiting men to enter his residence to rape his wife after he had sedated her into a deep sleep.

“We hope the panel will say loud and clear that in this society, fundamental rights are also women’s rights – that permission is individual, not transferred,” stated Gisèle Pelicot’s lawyer, her legal representative. “Consent is obtained personally and not by proxy from a husband.”

Background

Dominique Pelicot, one of the worst sex offenders in recent French history, was handed a sentence to 20 years in prison last year for sedating his wife at the time and bringing in dozens of men to sexually assault her in her home in the Provence village of Mazan over a period of many years of their marriage.

Numerous other individuals were found guilty in a high-profile trial last year, and the appellant was the single defendant to challenge his conviction. He was originally given a sentence to nine years in prison, a punishment enhanced on Thursday to 10 years.

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

Courtroom Details

Dogan had initially sent Dominique Pelicot graphic images and then traveled an hour from his village in the region to assault the victim, after telling his wife he was leaving, the testimony revealed.

The ex-husband, who was transported from isolation in prison to temporarily provide testimony at the hearing, stated to the court that Dogan had understood his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to violate my wife after I’ve sedated her without her consent.”

The courtroom became a focus point for a broader debate on societal attitudes in society as Dogan continued to claim he was blameless and had not engaged in violation, stating that because Gisèle Pelicot’s husband had welcomed him into the room, his conduct had been permissible.

The panel in the higher court was shown visual proof of the victim's unresponsive form, unconscious and snoring in a unconscious condition, while a smiling the perpetrator committed rape repeatedly over a timeframe of what investigators stated was three and a half hours. The presiding judge said she had been at risk of death by suffocation. The prosecution said there was no doubt that she had been unconscious and had not consented.

Dogan's Claims

Dogan told the court the videos were simply “sex scenes” and denied it was violation. 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 brought him to the home, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused informed the court. “I carried on because he persuaded me.”

Asked if he wanted to make a last words to the court, Dogan said: “I never wanted to harm that lady.”

Victim's Response

The victim, who was supported upon exiting the courtroom each day by onlookers present to stand with her, said to the defendant in court: “You do not grasp. When will you admit you violated me? It is unlawful to assault an unconscious woman. When did I ever give you permission? Not once.”

The victim, 72, became an international feminist hero after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, addressing the victim in court, said Dogan’s unwillingness to take responsibility showed that: “Guilt has not shifted. Society is perhaps in the process of that, maybe propelled by the collective awareness spurred by the exposure of your ordeal.”

The prosecutor said the defendant's claims of non-guilt showed how rape culture was still widespread in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a culture of consent.”

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

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five relocated to the nation of France, where his father worked as a caretaker. The testimony revealed that his father was violent and that the defendant began using drugs aged 10. When he was 17 he was caught by police for selling narcotics and his father forced him to leave the residence. He spent time in prison for narcotics offenses in his early 20s and had worked as a laborer but had experienced periods of homelessness.

He was wed and had a child with Down’s syndrome, who he was the main caregiver for, as his wife worked in a educational cafeteria. The court heard his spouse did not know he had regular extramarital activities outside their marriage. His legal team said this was his way of coping with his difficult circumstances. The defendant had stated to a evaluator that each year he engaged in commercial sex on his birthday. His lawyers told the court he had joint inflammation triggered by the anxiety of the initial proceedings.