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An individual was declared guilty on retrial of sexually assaulting Gisele Pelicot following she was sedated by her spouse – and has had his prison sentence increased to 10 years.

Higher Court Case

The defendant, 44, an unemployed builder, who had contested his first conviction last year, faced a new trial this week at the higher court in Nîmes.

A jury of nine jurors, joined by three judges, found Dogan guilty on Thursday of sexually assaulting the victim 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, connected with the victim's then husband, the husband, in an online chatroom called “unbeknownst to her”, where Pelicot was looking for men to come to his home to rape his wife once he had sedated her into a deep sleep.

We trust the jury will declare that in this country, fundamental rights are also rights of women – that consent is individual, not transferred,” said the victim's attorney, her legal representative. “Consent is obtained personally and not via a representative from a spouse.”

Case History

The husband, among the most severe sex offenders in recent French history, was handed a sentence to twenty years in prison last year for sedating his spouse and inviting numerous individuals to sexually assault her in her home in the town of Mazan over a span of many years of their marriage.

Numerous other individuals were found guilty in a widely publicized trial last year, and the appellant was the single defendant to challenge his verdict. He was first sentenced to 9 years in prison, a sentence enhanced on Thursday to a decade.

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

Evidence Presented

The defendant had initially sent Dominique Pelicot graphic images and then traveled an hour from his town in Provence to assault the victim, after notifying his wife he was going out, the court heard.

Pelicot, who was transported from solitary confinement in prison to briefly testify at the retrial, stated to the court that the accused had known his wife had been “drugged” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The proceedings became a key topic for a wider discussion on societal attitudes in society as the defendant continued to say he was blameless and had not committed rape, stating that because Gisèle Pelicot’s husband had invited him into the bedroom, his conduct had been acceptable.

The panel in the Nîmes appeals court was displayed recorded footage of the victim's unresponsive form, comatose and breathing heavily in a comatose state, while a grinning the perpetrator performed assault on several occasions over a timeframe of what investigators stated was three and a half hours. The judge said she had been at danger of fatal outcome by choking. The state prosecution said there was absolute certainty that she had been unaware and had not agreed.

Dogan's Claims

Dogan told the court the footage were simply “sexual encounters” and rejected it was assault. He said what he did was “a consensual activity”, not rape. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I attempted to cease,” 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 had no desire to injure that woman.”

Victim's Response

The survivor, who was cheered upon departing the trial each day by onlookers assembled to support her, told Dogan in court: “You fail to comprehend. When will you admit you assaulted me? It’s a crime to assault an incapacitated woman. When did I ever give you consent? Not once.”

Gisèle Pelicot, 72, became an global icon after she relinquished her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “Guilt has not shifted. The community is maybe in the course of that, maybe propelled by the collective awareness brought by the publication of your case.”

Sie said Dogan’s claims of blamelessness showed how rape culture was still common in society as part of “archaic” forms of “gender-based power”. He said: “Now we must change the culture of violence to a culture of consent.”

Sie said to Dogan: “As long as you refuse to admit it, it’s not just a woman, it’s an whole sordid cultural framework that you are supporting.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of 5 moved to the nation of France, where his father worked as a caretaker. The testimony revealed that his father was aggressive and that Dogan began smoking cannabis aged 10. When he was 17 he was caught by authorities for selling narcotics and his parent evicted him the family house. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a construction worker but had faced periods of being unhoused.

He was married and had a child with a genetic condition, who he was the principal carer for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had regular intimate relations outside their marriage. His legal team said this was his method of dealing with his stressful life. The defendant had told a evaluator that each year he engaged in transactional encounters on his special day. His legal representatives stated to the court he had arthritis triggered by the anxiety of the initial proceedings.