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A man was declared guilty on retrial of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her husband – and was given his incarceration period raised to 10 years.

Retrial Proceedings

The defendant, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, underwent a new trial this week at the higher court in Nîmes.

A jury of five men and four women, joined by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her home in Provence in the morning of 29 June 2019.

The testimony revealed that Dogan, a family man, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform titled “unbeknownst to her”, where Pelicot was looking for men to come to his home to rape his wife once he had drugged her into a unconscious state.

“We hope the panel will declare that in this nation, human rights are also rights of women – that agreement is personal, not delegated,” stated Gisèle Pelicot’s lawyer, her legal representative. “Consent is received directly and not through someone else from a husband.”

Case History

The ex-husband, one of the worst sex offenders in modern French history, was given a prison term to two decades in prison last year for sedating his then wife and bringing in multiple perpetrators to rape her in her home in the Provence village of the village of Mazan over a period of nearly ten years of their union.

Dozens of additional defendants were found convicted in a high-profile trial last year, and Dogan was the sole individual to contest his conviction. He was initially given a sentence to 9 years in prison, a sentence enhanced on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had contended he should serve 12 years, because he “stubbornly rejects to take any blame”.

Evidence Presented

Dogan had first sent Dominique Pelicot graphic images and then driven an hour from his village in Provence to assault the victim, after telling his wife he was leaving, the court heard.

Pelicot, who was transported from solitary confinement in prison to temporarily provide testimony at the appeal trial, informed the court that the accused had been aware his wife had been “drugged” and he told to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a central issue for a broader debate on rape culture in society as the defendant continued to claim he was not guilty and had not engaged in violation, contending that because the victim's husband had invited him into the room, his conduct had been justifiable.

The jury in the Nîmes appeals court was presented with visual proof of the victim's unresponsive form, comatose and snoring in a comatose state, while a smiling Dogan performed assault on several occasions over a timeframe of what police said was 3.5 hours. The presiding judge said she had been at danger of death by suffocation. The state prosecution said there was no question that she had been incapacitated and had not consented.

Accused's Testimony

The defendant told the court the videos were simply “sexual encounters” and denied it was rape. He said what he did was “a consensual activity”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was acceptable. He said he was manipulated by the husband. “I tried to halt,” Dogan told the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I did not intend to hurt that woman.”

Victim's Response

The survivor, who was supported upon departing the trial each day by crowds assembled to back her, addressed Dogan in court: “You do not grasp. When will you admit you assaulted me? It is illegal to rape an unconscious woman. At what point did I give you agreement? Never.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she relinquished her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, turning to the victim in court, said the defendant's failure to take responsibility showed that: “The shame remains. The community is perhaps in the midst of that, maybe driven by the collective awareness spurred by the revelation of your case.”

The prosecutor said the defendant'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 ethos of permission.”

The prosecutor said to Dogan: “As long as you reject it, it’s not just a person, it’s an complete disturbing cultural framework that you are supporting.”

Biographical Details

The accused was born in the country of Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a caretaker. The court heard that his parent was violent 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 spent time in prison for drug dealing in his young adulthood and had worked as a laborer but had experienced periods of being unhoused.

He was wed and had a child with special needs, who he was the principal carer for, as his spouse worked in a school canteen. The court heard his spouse did not know he had repeated intimate relations beyond their marriage. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had told a mental health expert that annually he engaged in commercial sex on his special day. His attorneys informed the court he had a medical condition resulting from the pressure of the first trial.