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An individual was declared guilty on appeal of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her spouse – and received his incarceration period extended to a decade.

Retrial Proceedings

The defendant, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, faced a retrial this week at the Nîmes court of appeal.

A jury of nine jurors, sitting with three judges, ruled against Dogan on Thursday of raping the victim in her residence in the south of France in the early hours of 29 June 2019.

The evidence showed that the accused, a family man, made contact with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an digital platform named “unbeknownst to her”, where the husband was seeking men to come to his home to assault his wife after he had drugged her into a unconscious state.

“We hope the panel will say loud and clear that in this society, fundamental rights are also women’s rights – that agreement is individual, not transferred,” declared the victim's lawyer, her legal representative. “Permission is received directly and not by proxy from a spouse.”

Case History

The ex-husband, one of the worst sex offenders in France's contemporary records, was given a prison term to 20 years in prison last year for drugging his then wife and inviting dozens of men to rape her in her home in the Provence village of the village of Mazan over a period of many years of their marriage.

Dozens of additional defendants were found guilty in a widely publicized trial last year, and Dogan was the single defendant to contest his conviction. He was initially sentenced to nine years in prison, a sentence enhanced on Thursday to ten years.

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

Evidence Presented

Dogan had first sent the husband sexually explicit photos and then driven an hour from his town in the region to rape the victim, after informing his wife he was going out, the testimony revealed.

Pelicot, who was transported from solitary confinement in prison to temporarily testify at the retrial, stated to the court that the accused had been aware his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to violate my wife after I’ve sedated her unbeknownst to her.”

The trial became a focus point for a wider discussion on rape culture in society as the defendant continued to claim he was not guilty and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his behavior had been justifiable.

The panel in the Nîmes appeals court was presented with visual proof of Gisèle Pelicot’s unresponsive form, comatose and snoring in a deep sleep, while a smiling the perpetrator engaged in violation on several occasions over a period of what police said was three and a half hours. The judge said she had been at peril of fatal outcome by asphyxiation. The state prosecution said there was no question that she had been unaware and had not consented.

Defendant's Statements

Dogan stated to the court the recordings were simply “intimate moments” and disputed it was rape. He said what he did was “an intimate behavior”, not rape. He declared the court: “I am innocent of assault.” He said the victim's husband had brought him to the residence, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I carried on 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.”

Victim's Response

The victim, who was cheered upon leaving court each day by crowds present to stand with her, addressed the defendant in court: “You do not grasp. When will you acknowledge you raped me? It’s a crime to rape an unaware woman. How could I have give you agreement? Never.”

The victim, seventy-two, became an symbol of resistance after she waived her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, addressing the victim in court, said the defendant's failure to take accountability showed that: “Shame has not yet changed sides. The community is maybe in the process of that, possibly motivated by the public consciousness resulting from the revelation of your ordeal.”

Sie said the defendant's claims of non-guilt showed how rape culture was still widespread in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a culture of consent.”

Sie said to Dogan: “For as much as you deny it, it’s not just a individual, it’s an entire sordid societal structure that you are endorsing.”

Biographical Details

Dogan was originated from Turkey and at the age of 5 relocated to the nation of France, where his father worked as a concierge. The testimony revealed that his father was abusive and that Dogan began consuming marijuana aged 10. When Dogan was seventeen he was caught by authorities for dealing drugs and his father evicted him of home. He spent time in prison for drug dealing in his early 20s and had worked as a builder but had experienced periods of living on the streets.

He was wed and had a child with special needs, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The testimony revealed his wife did not know he had regular sexual encounters outside their union. His defence said this was his method of dealing with his stressful life. The defendant had told a court psychologist that each year he engaged in paid sex on his birthday. His lawyers told the court he had arthritis triggered by the pressure of the original case.