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A man was convicted on higher court review of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her then-husband – and received his prison sentence extended to ten years.

Retrial Proceedings

Dogan, 44, an unemployed builder, who had appealed his initial guilty verdict last year, underwent a retrial this week at the higher court in Nîmes.

A jury of five men and four women, joined by three judges, found Dogan guilty on Thursday of raping the victim in her home in the south of France in the morning of June 29, 2019.

The evidence showed that the accused, a married father, reached out to the victim's spouse, Dominique Pelicot, in an online chatroom named “without her consent”, where the husband was looking for men to enter his residence to rape his wife after he had drugged her into a comatose state.

We trust the panel will declare that in this nation, fundamental rights are also rights of women – that agreement is individual, not delegated,” said Gisèle Pelicot’s attorney, her legal representative. “Permission is secured personally and not via a representative from a spouse.”

Background

Dominique Pelicot, one of the worst sex offenders in France's contemporary records, was sentenced to 20 years in prison last year for drugging his then wife and bringing in multiple perpetrators to rape her in her home in the town of Mazan over a span of nearly ten years of their union.

Numerous other individuals were found culpable in a notable trial last year, and Dogan was the single defendant to contest his verdict. He was originally handed a term to nine years in prison, a penalty enhanced on Thursday to ten years.

The state's attorney, Dominique Sie, had argued he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Courtroom Details

Dogan had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his residence in Provence to rape the victim, after telling his wife he was going out, the court heard.

The ex-husband, who was brought from segregation in prison to temporarily give evidence at the appeal trial, told the court that the accused had understood his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a central issue for a wider discussion on sexual violence norms in society as the defendant continued to say he was innocent and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his actions had been justifiable.

The panel in the higher court was shown recorded footage of Gisèle Pelicot’s limp body, sedated and breathing heavily in a unconscious condition, while a smiling Dogan committed rape multiple times over a duration of what authorities reported was 3.5 hours. The judge said she had been at danger of death by asphyxiation. The state prosecution said there was no question that she had been unaware and had not consented.

Dogan's Claims

Dogan informed the court the recordings were simply “sexual encounters” and rejected it was assault. He said what he did was “a sexual act”, not rape. He declared the court: “I am innocent of assault.” He said the victim's husband had brought him to the house, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I wanted to stop,” Dogan told the court. “I proceeded because he persuaded me.”

Asked if he wanted to make a last words to the court, the defendant said: “I had no desire to hurt that lady.”

Survivor's Statement

The victim, who was supported upon exiting the courtroom each day by crowds present to back her, told the defendant in court: “You haven’t understood. When are you going to recognise you raped me? It is unlawful to assault an unconscious woman. How could I have give you agreement? Never.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, speaking to Gisèle Pelicot in court, said the defendant's refusal to take blame showed that: “Shame has not yet changed sides. The public is possibly in the course of that, maybe motivated by the collective awareness spurred by the revelation of your situation.”

Sie said Dogan’s claims of innocence showed how societal tolerance was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

Sie said to Dogan: “While you deny it, it’s not just a individual, it’s an entire unpleasant social system that you are supporting.”

Biographical Details

Dogan was originated from Turkey and at the age of 5 came to France, where his parent worked as a caretaker. The testimony revealed that his father was abusive and that Dogan began consuming marijuana at the age of 10. When Dogan was 17 he was stopped by police for drug trafficking and his father evicted him the family house. He served time in prison for narcotics offenses in his young adulthood and had worked as a laborer but had faced periods of homelessness.

He was wed and had a child with special needs, who he was the principal carer for, as his spouse worked in a institution's dining hall. The court heard his spouse did not know he had frequent sexual encounters beyond their marriage. His defence said this was his strategy for managing with his stressful life. Dogan had stated to a evaluator that once a year he looked for paid sex on his special day. His attorneys told the court he had a medical condition triggered by the pressure of the original case.