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An individual was convicted on retrial of raping Gisèle Pelicot following she was sedated by her husband – and was given his jail term extended to ten years.

Retrial Proceedings

The defendant, forty-four, an unemployed builder, who had contested his initial guilty verdict last year, experienced a retrial this week at the Nîmes court of appeal.

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

The evidence showed that Dogan, a family man, connected with the victim's husband at the time, Dominique Pelicot, in an online chatroom titled “without her knowledge”, where Pelicot was seeking men to come to his home to assault his wife after he had sedated her into a unconscious state.

We expect the panel will affirm that in this society, fundamental rights are also rights of women – that agreement is individual, not given by another,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Permission is received personally and not by proxy from a husband.”

Context

Dominique Pelicot, one of the worst sexual predators in recent French history, was given a prison term to 20 years in prison last year for sedating his then wife and bringing in dozens of men to rape her in her home in the town of the village of Mazan over a period of many years of their union.

Fifty other men were found guilty in a high-profile trial last year, and Dogan was the only man to challenge his verdict. He was first given a sentence to nine years in prison, a penalty raised on Thursday to 10 years.

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

Evidence Presented

The defendant had first sent Dominique Pelicot graphic images and then driven an hour from his village in the region to rape the victim, after informing his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from segregation in prison to temporarily testify at the hearing, 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 unbeknownst to her.”

The trial became a focus point for a wider discussion on sexual violence norms in society as Dogan continued to claim he was innocent and had not committed rape, stating that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his conduct had been acceptable.

The jury in the Nîmes appeals court was presented with visual proof of the victim's unresponsive form, comatose and snoring in a deep sleep, while a grinning Dogan engaged in violation multiple times over a period of what authorities reported was 3.5 hours. The court official said she had been at peril of fatal outcome by suffocation. The state prosecution said there was absolute certainty that she had been unconscious and had not consented.

Accused's Testimony

Dogan stated to the court the recordings were simply “intimate moments” and disputed it was violation. He said what he did was “a sexual act”, not rape. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was permissible. He said he was manipulated by the husband. “I wanted to stop,” the accused informed the court. “I carried on because he convinced me.”

Asked if he wanted to make a last words to the court, the defendant said: “I never wanted to harm that woman.”

Victim's Response

The survivor, who was cheered upon exiting the courtroom each day by crowds present to support her, said to Dogan in court: “You do not grasp. When are you going to recognise you raped me? It is unlawful to assault an incapacitated woman. How could I have give you agreement? Never.”

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

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said Dogan’s refusal to take accountability showed that: “The shame remains. The community is maybe in the midst of that, maybe propelled by the public consciousness brought by the publication of your case.”

The prosecutor said the defendant's claims of non-guilt showed how societal tolerance was still common in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change the culture of violence to a society based on agreement.”

Sie told the defendant: “For as much as you refuse to admit it, it’s not just a person, it’s an whole sordid social system that you are endorsing.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of five relocated to France, where his father worked as a concierge. The court heard that his parent was aggressive and that Dogan began consuming marijuana aged ten. When he was seventeen he was apprehended by authorities for drug trafficking and his father forced him to leave the residence. He spent time in prison for narcotics offenses in his early 20s and had worked as a builder but had faced periods of homelessness.

He was wed and had a child with Down’s syndrome, who he was the primary guardian for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had repeated intimate relations beyond their union. His defence said this was his method of dealing with his difficult circumstances. The defendant had informed a evaluator that each year he looked for paid sex on his birthday. His attorneys told the court he had joint inflammation triggered by the anxiety of the initial proceedings.