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A defendant was declared guilty on retrial of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her then-husband – and received his prison sentence extended to 10 years.

Higher Court Case

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

A jury of four women and five men, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her residence in southern France in the early hours of June 29, 2019.

The court heard that Dogan, a married father, reached out to Gisèle Pelicot’s then husband, the husband, in an internet forum called “without her consent”, where the husband was recruiting men to enter his residence to assault his wife after he had sedated her into a unconscious state.

We trust the jury will say loud and clear that in this society, human rights are also rights of women – that agreement is individual, not delegated,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Permission is obtained directly and not by proxy from a husband.”

Case History

Dominique Pelicot, a notorious sexual predators in France's contemporary records, was handed a sentence to twenty years in prison last year for drugging his wife at the time and bringing in numerous individuals to sexually assault her in her home in the Provence village of the village of Mazan over a span of nearly ten years of their union.

Fifty other men were found culpable in a notable trial last year, and Dogan was the only man to appeal against his sentence. He was originally sentenced to nine years in prison, a punishment enhanced on Thursday to a decade.

The state's attorney, the prosecutor, had argued he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Courtroom Details

Dogan had first sent Dominique Pelicot graphic images and then traveled an hour from his residence in the region to rape Gisèle Pelicot, after telling his wife he was stepping out, the evidence indicated.

The ex-husband, who was brought from isolation in prison to temporarily testify at the hearing, told the court that the accused had been aware his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep without her consent.”

The proceedings became a key topic for a broader debate on sexual violence norms in society as the defendant continued to assert he was innocent and had not committed rape, arguing that because Gisèle Pelicot’s husband had welcomed him into the residence, his behavior had been justifiable.

The panel in the Nîmes appeals court was displayed visual proof of Gisèle Pelicot’s unconscious figure, sedated and snoring in a comatose state, while a smiling the perpetrator engaged in violation repeatedly over a period of what authorities reported was several hours. The presiding judge said she had been at peril of fatal outcome by suffocation. The prosecution said there was absolute certainty that she had been unaware and had not agreed.

Accused's Testimony

The defendant informed the court the recordings were simply “sexual encounters” and disputed it was violation. He said what he did was “a consensual activity”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had allowed him to the residence, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I continued because he reassured me.”

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

Victim's Response

The survivor, who was cheered upon exiting the courtroom each day by onlookers assembled to support her, told Dogan in court: “You haven’t understood. When will you acknowledge you violated me? It’s a crime to assault an unconscious woman. When did I ever give you consent? Never.”

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

State's Argument

Sie, turning to Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. The public is possibly in the midst of that, possibly propelled by the collective awareness brought by the revelation of your case.”

The prosecutor said the defendant's claims of innocence showed how normalized violence was still common in society as part of “old-fashioned” forms of “male domination”. He said: “Now we must change the culture of violence to a culture of consent.”

Sie said to Dogan: “For as much as you refuse to admit it, it’s not just a woman, it’s an complete sordid societal structure that you are supporting.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of 5 came to France, where his father worked as a caretaker. The testimony revealed that his parent was aggressive and that Dogan began smoking cannabis at the age of 10. When he was seventeen he was apprehended by police for selling narcotics and his parent evicted him of home. He spent 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 child with special needs, who he was the main caregiver for, as his wife worked in a institution's dining hall. The testimony revealed his spouse did not know he had repeated intimate relations beyond their marriage. His defence said this was his method of dealing with his stressful life. Dogan had stated to a evaluator that each year he looked for transactional encounters on his birthday. His legal representatives informed the court he had a medical condition triggered by the stress of the initial proceedings.