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A defendant was declared guilty on retrial of sexually assaulting Gisèle Pelicot after she was sedated by her spouse – and has had his incarceration period raised to 10 years.

Retrial Proceedings

The defendant, forty-four, an out-of-work construction worker, who had challenged his initial guilty verdict last year, faced a appeal hearing this week at the higher court in Nîmes.

A panel of four women and five men, sitting with three judges, ruled against Dogan on Thursday of raping Pelicot in her bedroom in southern France in the morning of June 29, 2019.

The testimony revealed that the accused, a family man, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum named “unbeknownst to her”, where Pelicot was looking for men to visit his house to rape his wife after he had rendered her unconscious into a unconscious state.

We trust the panel will declare that in this society, human rights are also women’s rights – that permission is personal, not given by another,” declared the victim's lawyer, her legal representative. “Agreement is secured personally and not by proxy from a spouse.”

Context

The ex-husband, one of the worst sex offenders in recent French history, was handed a sentence to 20 years in prison last year for incapacitating his wife at the time and bringing in multiple perpetrators to rape her in her home in the Provence village of Mazan over a duration of many years of their union.

Fifty other men were found culpable in a high-profile trial last year, and the appellant was the sole individual to appeal against his sentence. He was first given a sentence to 9 years in prison, a sentence raised on Thursday to 10 years.

The state's attorney, the prosecutor, had contended he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

Dogan had first sent the husband sexually explicit photos and then traveled an hour from his town in Provence to rape the victim, after telling his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from solitary confinement in prison to temporarily testify at the hearing, told the court that Dogan had known his wife had been “incapacitated” and he communicated to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious without her consent.”

The trial became a central issue for a wider discussion on rape culture in society as Dogan continued to say 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 shown video evidence of the victim's unconscious figure, unconscious and breathing heavily in a comatose state, while a smiling Dogan performed assault on several occasions over a period of what investigators stated was 3.5 hours. The presiding judge said she had been at risk of fatal outcome by asphyxiation. The state's case said there was no question that she had been unconscious and had not given permission.

Accused's Testimony

The defendant stated to the court the footage were simply “sex scenes” and rejected it was assault. He said what he did was “an intimate behavior”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I wanted to stop,” the accused told the court. “I carried on because he persuaded me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to injure that woman.”

Pelicot's Words

Gisèle Pelicot, who was cheered upon departing the trial each day by supporters present to stand with her, told Dogan in court: “You do not grasp. When are you going to recognise you violated me? It’s a crime to assault an unconscious woman. At what point did I give you agreement? Not once.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, turning to the victim in court, said Dogan’s unwillingness to take responsibility showed that: “Shame has not yet changed sides. Society is possibly in the process of that, possibly driven by the public consciousness spurred by the revelation of your ordeal.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still common in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change rape culture to a society based on agreement.”

The prosecutor told Dogan: “For as much as you deny it, it’s not just a individual, it’s an entire unpleasant societal structure that you are endorsing.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of 5 relocated to France, where his father worked as a building manager. The court heard that his parent was violent and that the defendant began using drugs at the age of ten. When he was seventeen he was caught by authorities for dealing drugs and his father forced him to leave the family house. He spent time in prison for narcotics offenses in his early 20s and had worked as a laborer but had experienced periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the principal carer for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had repeated extramarital activities outside their union. His legal team said this was his way of coping with his challenging existence. The defendant had informed a mental health expert that each year he looked for paid sex on his birthday. His attorneys informed the court he had a medical condition triggered by the stress of the original case.