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A defendant was convicted on retrial of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her then-husband – and has had his jail term raised to a decade.

Retrial Proceedings

Dogan, forty-four, an out-of-work construction worker, who had appealed his initial guilty verdict last year, experienced a retrial this week at the appeals court in Nîmes.

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

The court heard that Dogan, a married father, connected with the victim's then husband, Dominique Pelicot, in an internet forum called “without her knowledge”, where Pelicot was seeking men to come to his home to assault his wife after he had drugged her into a comatose state.

“We hope the jury will affirm that in this society, fundamental rights are also women’s rights – that permission is individual, not delegated,” stated the victim's lawyer, her legal representative. “Agreement is obtained directly and not through someone else from a spouse.”

Context

The ex-husband, a notorious sex offenders in recent French history, was sentenced to twenty years in prison last year for incapacitating his spouse and soliciting numerous individuals to sexually assault her in her home in the community of Mazan over a span of many years of their marriage.

Fifty other men were found guilty in a notable trial last year, and Dogan was the only man to contest his conviction. He was initially given a sentence to 9 years in prison, a punishment enhanced on Thursday to 10 years.

The state's attorney, Dominique Sie, had contended he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot graphic images and then traveled an hour from his village in Provence to assault Gisèle Pelicot, after telling his wife he was going out, the evidence indicated.

The ex-husband, who was transported from segregation in prison to temporarily testify at the hearing, stated to the court that the accused had been aware his wife had been “drugged” and he communicated to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The proceedings became a focus point for a wider discussion on rape culture in society as Dogan continued to say he was innocent and had not committed rape, arguing that because Gisèle Pelicot’s husband had invited him into the residence, his actions had been acceptable.

The panel in the Nîmes appeals court was shown recorded footage of the victim's limp body, sedated and breathing heavily in a deep sleep, while a smiling the perpetrator engaged in violation on several occasions over a period of what investigators stated was 3.5 hours. The judge said she had been at danger of death by suffocation. The state's case said there was absolute certainty that she had been unconscious and had not given permission.

Accused's Testimony

Dogan informed the court the recordings were simply “sex scenes” and rejected it was rape. He said what he did was “a consensual activity”, not assault. He declared the court: “I am innocent of assault.” He said the victim's husband had invited him to the house, and therefore it was permissible. He said he was influenced by the husband. “I tried to halt,” the accused told the court. “I carried on because he reassured me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I had no desire to hurt that woman.”

Pelicot's Words

The survivor, who was applauded upon exiting the courtroom each day by supporters assembled to support her, told the defendant in court: “You do not grasp. When will you acknowledge you raped me? It’s a crime to assault an unconscious woman. When did I ever give you consent? Not once.”

The victim, 72, became an global icon after she gave up her right to confidentiality in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, addressing the victim in court, said Dogan’s unwillingness to take accountability showed that: “Shame has not yet changed sides. Society is maybe in the process of that, maybe driven by the collective awareness brought by the revelation of your situation.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “We need to change the culture of violence to a ethos of permission.”

Sie addressed the defendant: “As long as you reject it, it’s not just a person, it’s an entire sordid social system that you are upholding.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five moved to France, where his father worked as a building manager. The court heard that his parent was abusive and that the defendant began consuming marijuana aged ten. When he was 17 he was apprehended by authorities for selling narcotics and his father forced him to leave the residence. He served time in prison for trafficking in his early 20s and had worked as a laborer but had experienced periods of living on the streets.

He was married and had a child with a genetic condition, who he was the principal carer for, as his spouse worked in a educational cafeteria. The evidence showed his wife did not know he had repeated intimate relations beyond their union. His legal team said this was his method of dealing with his challenging existence. Dogan had stated to a evaluator that each year he sought commercial sex on his special day. His lawyers informed the court he had arthritis caused by the stress of the first trial.