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A man was declared guilty on retrial of raping Gisèle Pelicot after she was sedated by her then-husband – and has had his incarceration period increased to 10 years.

Retrial Proceedings

Dogan, forty-four, an unemployed builder, who had challenged his initial guilty verdict last year, underwent a appeal hearing this week at the higher court in Nîmes.

A jury of five men and four women, joined by 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 family man, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform called “without her consent”, where Pelicot was looking for men to enter his residence to rape his wife once he had rendered her unconscious into a deep sleep.

“We hope the court will declare that in this society, human rights are also women’s rights – that permission is individual, not transferred,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Consent is obtained personally and not through someone else from a spouse.”

Background

Dominique Pelicot, among the most severe sexual predators in France's contemporary records, was handed a sentence to two decades in prison last year for sedating his spouse and soliciting numerous individuals to sexually assault her in her home in the community of the village of Mazan over a duration of almost a decade of their marriage.

Dozens of additional defendants were found culpable in a notable trial last year, and Dogan was the sole individual to contest his conviction. He was first handed a term to nine years in prison, a sentence enhanced on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had argued he should serve twelve years, because he “completely denies to take any accountability”.

Courtroom Details

Dogan had first sent the husband inappropriate pictures and then driven an hour from his village in Provence to rape the victim, after informing his wife he was going out, the testimony revealed.

Pelicot, who was brought from segregation in prison to temporarily testify at the retrial, told the court that the accused had understood his wife had been “sedated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her consent.”

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

The jury in the Nîmes appeals court was presented with video evidence of Gisèle Pelicot’s unresponsive form, unconscious and snoring in a deep sleep, while a smiling Dogan engaged in violation repeatedly over a duration of what authorities reported was three and a half hours. The court official said she had been at peril of death by asphyxiation. The state prosecution said there was no doubt that she had been incapacitated and had not given permission.

Accused's Testimony

Dogan stated to the court the videos were simply “intimate moments” and denied it was assault. He said what he did was “a sexual act”, 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 permissible. He said he was manipulated by Dominique Pelicot. “I tried to halt,” Dogan stated to the court. “I proceeded because he convinced me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I never wanted to hurt that lady.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon departing the trial each day by supporters assembled to stand with her, addressed the defendant in court: “You haven’t understood. When will you acknowledge you assaulted me? It’s a crime to rape an incapacitated woman. How could I have give you agreement? Not once.”

The victim, 72, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “The shame should shift.”

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take responsibility showed that: “The shame remains. The community is maybe in the midst of that, perhaps driven by the societal understanding brought by the revelation of your situation.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still widespread in society as part of “archaic” forms of “male domination”. He said: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor addressed Dogan: “For as much as you deny it, it’s not just a person, it’s an entire sordid cultural framework that you are upholding.”

Personal History

Dogan was originated from the country of Turkey and at the age of 5 moved to France, where his father worked as a concierge. The testimony revealed that his father was violent and that Dogan began consuming marijuana at the age of 10. When he was seventeen he was caught by authorities for dealing drugs and his parent kicked him out the residence. He was incarcerated in prison for drug dealing in his early 20s and had worked as a builder 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 evidence showed his wife did not know he had repeated intimate relations beyond their marriage. His defence said this was his method of dealing with his challenging existence. The defendant had stated to a evaluator that each year he sought paid sex on his birthday. His lawyers told the court he had a medical condition triggered by the anxiety of the initial proceedings.