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A defendant was convicted on retrial of sexually assaulting Gisèle Pelicot following she was sedated by her then-husband – and received his incarceration period extended to 10 years.

Higher Court Case

Dogan, forty-four, an unemployed builder, who had appealed his first conviction last year, underwent a retrial this week at the higher court in Nîmes.

A jury of nine jurors, sitting with three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in the south of France in the early hours of June 29, 2019.

The testimony revealed that the accused, a married father, connected with the victim's spouse, Dominique Pelicot, in an online chatroom titled “unbeknownst to her”, where Pelicot was seeking men to visit his house to assault his wife after he had drugged her into a comatose state.

“We hope the panel will say loud and clear that in this nation, fundamental rights are also women’s rights – that agreement is personal, not delegated,” stated the victim's attorney, Antoine Camus. “Permission is secured personally and not via a representative from a spouse.”

Case History

The husband, a notorious sex offenders in modern French history, was sentenced to twenty years in prison last year for incapacitating his spouse and inviting dozens of men to rape her in her home in the community of the village of Mazan over a duration of nearly ten years of their marriage.

Dozens of additional defendants were found convicted in a high-profile trial last year, and the appellant was the single defendant to contest his sentence. He was initially sentenced to 9 years in prison, a penalty increased on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had stated he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

The defendant had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in the region to rape Gisèle Pelicot, after notifying his wife he was going out, the evidence indicated.

The ex-husband, who was brought from segregation in prison to briefly provide testimony at the hearing, stated to the court that Dogan had known his wife had been “sedated” and he told to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a focus point for a wider discussion on rape culture in society as Dogan continued to assert he was innocent and had not perpetrated assault, arguing that because the victim's husband had allowed him into the residence, his conduct had been acceptable.

The jury in the higher court was presented with visual proof of the victim's unconscious figure, unconscious and snoring in a comatose state, while a smiling Dogan committed rape multiple times over a period of what investigators stated was several hours. The presiding judge said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was absolute certainty that she had been unaware and had not agreed.

Defendant's Statements

Dogan told the court the footage were simply “sexual encounters” and disputed it was rape. He said what he did was “a consensual activity”, not assault. He stated the court: “I am innocent of assault.” He said the victim's husband had allowed him to the home, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan told the court. “I carried on because he persuaded me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I did not intend to harm that individual.”

Victim's Response

The victim, who was applauded upon leaving court each day by onlookers gathered to stand with her, addressed the defendant in court: “You haven’t understood. When are you going to recognise you assaulted me? It’s a crime to rape an unaware woman. At what point did I give you consent? Not once.”

The victim, 72, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, speaking 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 process of that, perhaps motivated by the collective awareness spurred by the publication of your ordeal.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still common in society as part of “archaic” forms of “patriarchal control”. He said: “Now we must change rape culture 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 disturbing cultural framework that you are supporting.”

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 testimony revealed that his parent was abusive and that the defendant began smoking cannabis aged 10. When Dogan was 17 he was apprehended by authorities for selling narcotics and his parent kicked him out the residence. He served time in prison for narcotics offenses in his young adulthood and had worked as a builder but had undergone periods of living on the streets.

He was married and had a son with Down’s syndrome, who he was the primary guardian for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had repeated sexual encounters outside their union. His defence said this was his strategy for managing with his stressful life. Dogan had stated to a court psychologist that annually he looked for transactional encounters on his birthday. His lawyers told the court he had arthritis resulting from the anxiety of the initial proceedings.