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A defendant was convicted on retrial of sexually assaulting Gisele Pelicot after she was sedated by her then-husband – and was given his incarceration period extended to ten years.

Retrial Proceedings

The defendant, 44, an unemployed builder, who had challenged his initial guilty verdict last year, faced a new trial this week at the Nîmes court of appeal.

A jury of four women and five men, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her bedroom in the south of France in the early hours of 29 June 2019.

The evidence showed that Dogan, a married father, connected with Gisèle Pelicot’s then husband, the husband, in an digital platform titled “without her knowledge”, where the husband was looking for men to come to his home to assault his wife after he had drugged her into a deep sleep.

We trust the court will say loud and clear that in this society, fundamental rights are also women’s rights – that permission is personal, not transferred,” stated Gisèle Pelicot’s attorney, her legal representative. “Consent is received directly and not via a representative from a spouse.”

Case History

The husband, one of the worst sexual predators in recent French history, was given a prison term to two decades in prison last year for drugging his then wife and inviting dozens of men to rape her in her home in the town of Mazan over a duration of nearly ten years of their union.

Fifty other men were found culpable in a widely publicized trial last year, and the appellant was the sole individual to appeal against his conviction. He was originally sentenced to nine years in prison, a punishment increased on Thursday to ten years.

The state's attorney, the prosecutor, had argued he should serve 12 years, because he “stubbornly rejects to take any blame”.

Testimony and Proof

Dogan had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in Provence to rape Gisèle Pelicot, after telling his wife he was leaving, the court heard.

The ex-husband, who was transported from isolation in prison to temporarily testify at the appeal trial, stated to the court that the accused had been aware his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to violate my wife after I’ve sedated her without her consent.”

The proceedings became a central issue for a wider discussion on sexual violence norms in society as Dogan continued to say he was innocent and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had welcomed him into the room, his conduct had been acceptable.

The panel in the Nîmes appeals court was displayed video evidence of the victim's unconscious figure, unconscious and breathing heavily in a comatose state, while a smiling Dogan engaged in violation repeatedly over a duration of what police said was 3.5 hours. The court official said she had been at risk of death by choking. The prosecution said there was absolute certainty that she had been unconscious and had not agreed.

Accused's Testimony

The defendant stated to the court the recordings were simply “sexual encounters” and denied it was assault. He said what he did was “an intimate behavior”, not assault. He declared the court: “I never raped.” He said the victim's husband had invited him to the residence, and therefore it was OK. He said he was influenced by the husband. “I wanted to stop,” Dogan stated to the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to injure that woman.”

Victim's Response

The survivor, who was supported upon departing the trial each day by onlookers present to back her, told Dogan in court: “You do not grasp. When will you acknowledge you violated me? It is unlawful to rape an unconscious woman. At what point did I give you agreement? Never.”

The victim, 72, became an global icon after she gave up her right to privacy in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's failure to take accountability showed that: “Shame has not yet changed sides. The public is possibly in the course of that, maybe propelled by the public consciousness brought by the revelation of your situation.”

The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance 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 said to the defendant: “For as much as you reject it, it’s not just a person, it’s an whole disturbing social system that you are upholding.”

Personal History

Dogan was born in Turkey and at the age of 5 moved to France, where his father worked as a building manager. The testimony revealed that his parent was abusive and that Dogan began consuming marijuana at the age of ten. When he was 17 he was stopped by police for selling narcotics and his parent forced him to leave of home. He served time in prison for narcotics offenses in his early 20s and had worked as a construction worker but had experienced periods of homelessness.

He was married and had a son with a genetic condition, who he was the main caregiver for, as his spouse worked in a school canteen. The court heard his wife did not know he had regular sexual encounters beyond their marriage. His legal team said this was his method of dealing with his stressful life. The defendant had informed a evaluator that each year he looked for transactional encounters on his birthday. His attorneys informed the court he had arthritis resulting from the pressure of the original case.