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A defendant has been found guilty on retrial of sexually assaulting Gisèle Pelicot after she was sedated by her then-husband – and has had his jail term extended to ten years.

Retrial Proceedings

The defendant, 44, an unemployed builder, who had contested his initial guilty verdict last year, underwent a new trial this week at the higher court in Nîmes.

A jury of nine jurors, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in Provence in the morning of 29 June 2019.

The evidence showed that the accused, a family man, made contact with the victim's then husband, Dominique Pelicot, in an online chatroom titled “without her knowledge”, where Pelicot was seeking men to enter his residence to rape his wife once he had drugged her into a deep sleep.

“We hope the panel will declare that in this country, fundamental rights are also women’s rights – that agreement is personal, not given by another,” stated Gisèle Pelicot’s attorney, her legal representative. “Consent is obtained personally and not through someone else from a spouse.”

Background

The ex-husband, one of the worst sex offenders in recent French history, was handed a sentence to 20 years in prison last year for incapacitating his then wife and soliciting numerous individuals to rape her in her home in the town of the village of Mazan over a period of many years of their marriage.

Dozens of additional defendants were found culpable in a notable trial last year, and the appellant was the only man to appeal against his verdict. He was first given a sentence to 9 years in prison, a penalty enhanced on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had stated he should serve twelve years, because he “absolutely refuses to take any blame”.

Courtroom Details

The defendant had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his town in the region to assault the victim, after telling his wife he was stepping out, the court heard.

Pelicot, who was transported from isolation in prison to temporarily give evidence at the retrial, informed the court that Dogan had been aware his wife had been “drugged” and he said to men by phone: “I want someone to assault my wife after I’ve sedated her unbeknownst to her.”

The proceedings became a focus point for a wider discussion on societal attitudes in society as Dogan continued to assert he was not guilty and had not perpetrated assault, contending that because the victim's husband had invited him into the bedroom, his conduct had been justifiable.

The jury in the higher court was displayed visual proof of Gisèle Pelicot’s limp body, comatose and snoring in a comatose state, while a smiling the perpetrator performed assault multiple times over a duration of what police said was several hours. The presiding judge said she had been at risk of fatal outcome by suffocation. The state's case said there was no question that she had been incapacitated and had not consented.

Accused's Testimony

The defendant told the court the recordings were simply “sexual encounters” and disputed it was assault. He said what he did was “a consensual activity”, not rape. He declared the court: “I never raped.” He said the victim's husband had allowed him to the house, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I proceeded because he reassured me.”

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

Victim's Response

The survivor, who was cheered upon leaving court each day by crowds gathered to support her, said to the defendant in court: “You fail to comprehend. When will you admit you violated me? It is illegal to assault an unaware woman. When did I ever give you permission? Not once.”

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

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s unwillingness to take responsibility showed that: “Guilt has not shifted. Society is maybe in the course of that, maybe driven by the societal understanding spurred by the publication of your ordeal.”

The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

The prosecutor addressed Dogan: “For as much as you refuse to admit it, it’s not just a person, it’s an whole unpleasant cultural framework 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 concierge. The evidence indicated that his father was aggressive and that Dogan began using drugs at the age of 10. When he was seventeen he was apprehended by authorities for selling narcotics and his father evicted him of home. He was incarcerated in prison for trafficking in his twenties and had worked as a laborer but had faced periods of being unhoused.

He was wed and had a child with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The testimony revealed his wife did not know he had repeated extramarital activities beyond their union. His defence said this was his method of dealing with his challenging existence. Dogan had informed a court psychologist that annually he looked for commercial sex on his special day. His attorneys stated to the court he had a medical condition caused by the stress of the initial proceedings.