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A defendant was convicted on retrial of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her spouse – and received his prison sentence raised to ten years.

Appeal Trial

The defendant, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, experienced a new trial this week at the Nîmes court of appeal.

A panel of four women and five men, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her home in Provence in the early hours of 29 June 2019.

The court heard that the accused, a family man, made contact with the victim's husband at the time, the husband, in an internet forum named “unbeknownst to her”, where Pelicot was seeking men to come to his home to rape his wife after he had rendered her unconscious into a comatose state.

We expect the court will say loud and clear that in this society, human rights are also rights of women – that consent is personal, not given by another,” stated the victim's attorney, her legal representative. “Consent is secured personally and not by proxy from a husband.”

Background

The ex-husband, among the most severe sex offenders in recent French history, was sentenced to 20 years in prison last year for drugging his wife at the time and inviting multiple perpetrators to sexually assault her in her home in the town of the village of Mazan over a period of nearly ten years of their union.

Dozens of additional defendants were found culpable in a notable trial last year, and Dogan was the only man to challenge his conviction. He was originally sentenced to 9 years in prison, a punishment raised on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had stated he should serve twelve years, because he “completely denies to take any accountability”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in the region to assault the victim, after notifying his wife he was stepping out, the court heard.

The ex-husband, who was brought from segregation in prison to briefly give evidence at the hearing, informed the court that the accused had been aware his wife had been “drugged” and he said to men by phone: “I want someone to abuse my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a key topic for a wider discussion on societal attitudes in society as the defendant continued to say he was blameless and had not committed rape, stating that because Gisèle Pelicot’s husband had welcomed him into the room, his actions had been acceptable.

The jury in the higher court was presented with video evidence of the victim's limp body, unconscious and snoring in a comatose state, while a grinning Dogan performed assault multiple times over a duration of what police said was 3.5 hours. The court official said she had been at peril of death by suffocation. The state's case said there was absolute certainty that she had been unconscious and had not agreed.

Dogan's Claims

Dogan informed the court the recordings were simply “sex scenes” and disputed it was assault. He said what he did was “a consensual activity”, not rape. He stated the court: “I never raped.” He said the victim's husband had brought him to the house, and therefore it was acceptable. He said he was influenced by the husband. “I attempted to cease,” the accused informed the court. “I continued because he reassured me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I did not intend to harm that individual.”

Pelicot's Words

Gisèle Pelicot, who was cheered upon leaving court each day by supporters assembled to support her, said to the defendant in court: “You fail to comprehend. When are you going to recognise you raped me? It’s a crime to assault an unaware woman. When did I ever give you permission? Never.”

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

Prosecutor's Remarks

Sie, addressing Gisèle Pelicot in court, said the defendant's failure to take responsibility showed that: “Shame has not yet changed sides. Society is perhaps in the midst of that, maybe propelled by the public consciousness spurred by the exposure of your ordeal.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still common in society as part of “old-fashioned” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor said to Dogan: “As long as you deny it, it’s not just a individual, it’s an complete unpleasant cultural framework that you are endorsing.”

Defendant's Background

Dogan was born in Turkey and at the age of 5 came to the nation of France, where his parent worked as a concierge. The testimony revealed that his father was abusive and that Dogan began smoking cannabis aged 10. When he was 17 he was caught by police for selling narcotics and his parent kicked him out the family house. He served time in prison for narcotics offenses in his young adulthood and had worked as a builder but had faced periods of living on the streets.

He was married and had a child with a genetic condition, who he was the main caregiver for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had frequent extramarital activities beyond their marriage. His defence said this was his method of dealing with his challenging existence. The defendant had stated to a evaluator that annually he looked for paid sex on his birthday. His attorneys stated to the court he had joint inflammation resulting from the pressure of the initial proceedings.