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An individual was convicted on retrial of sexually assaulting Gisèle Pelicot following she was sedated by her then-husband – and was given his incarceration period increased to 10 years.

Higher Court Case

The defendant, forty-four, an unemployed builder, who had challenged his first conviction last year, faced a retrial this week at the Nîmes court of appeal.

A jury of nine jurors, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in southern France in the morning of June 29, 2019.

The testimony revealed that the accused, a family man, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum titled “without her consent”, where Pelicot was recruiting men to visit his house to rape his wife after he had sedated her into a deep sleep.

“We hope the jury will say loud and clear that in this country, fundamental rights are also women’s rights – that consent is individual, not given by another,” stated Gisèle Pelicot’s attorney, her legal representative. “Agreement is received directly and not via a representative from a spouse.”

Context

Dominique Pelicot, one of the worst sexual predators in France's contemporary records, was given a prison term to 20 years in prison last year for drugging his then wife and soliciting dozens of men to sexually assault her in her home in the town of the village of Mazan over a period of many years of their union.

Dozens of additional defendants were found convicted in a notable trial last year, and the appellant was the only man to contest his sentence. He was originally handed a term to 9 years in prison, a penalty increased on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had contended he should serve 12 years, because he “absolutely refuses to take any accountability”.

Courtroom Details

Dogan had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his residence in the region to rape Gisèle Pelicot, after notifying his wife he was going out, the evidence indicated.

The ex-husband, who was brought from isolation in prison to briefly testify at the hearing, informed the court that the accused had known his wife had been “sedated” and he communicated to men by phone: “I seek someone to violate my wife after I’ve put her to sleep without her consent.”

The proceedings became a focus point for a broader debate on sexual violence norms in society as the defendant continued to claim he was innocent and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had welcomed him into the room, his behavior had been acceptable.

The panel in the higher court was presented with video evidence of the victim's unresponsive form, comatose and snoring in a unconscious condition, while a smiling the perpetrator performed assault on several occasions over a period of what investigators stated was three and a half hours. The court official said she had been at danger of death by asphyxiation. The prosecution said there was absolute certainty that she had been unconscious and had not given permission.

Dogan's Claims

The defendant informed the court the recordings were simply “sexual encounters” and denied it was violation. He said what he did was “a sexual act”, not assault. He stated the court: “I never raped.” He said the victim's husband had allowed him to the home, and therefore it was OK. He said he was manipulated by the husband. “I wanted to stop,” Dogan informed the court. “I carried on because he persuaded me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I did not intend to hurt that woman.”

Survivor's Statement

The survivor, who was cheered upon leaving court each day by supporters present to support her, said to Dogan in court: “You haven’t understood. When will you admit you assaulted me? It’s a crime to rape an unaware woman. When did I ever give you permission? Not once.”

The victim, 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, addressing the victim in court, said Dogan’s unwillingness to take responsibility showed that: “Shame has not yet changed sides. Society is perhaps in the process of that, possibly propelled by the public consciousness spurred by the publication of your situation.”

Sie said Dogan’s claims of non-guilt showed how rape culture was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

The prosecutor addressed Dogan: “As long as you deny it, it’s not just a individual, it’s an whole unpleasant societal structure that you are upholding.”

Defendant's Background

The accused was born in the country of Turkey and at the age of 5 relocated to France, where his parent worked as a caretaker. The court heard that his father was aggressive and that Dogan began using drugs aged 10. When he was seventeen he was caught by authorities for drug trafficking and his parent forced him to leave the residence. He spent time in prison for drug dealing in his twenties and had worked as a construction worker but had experienced periods of living on the streets.

He was wed and had a child with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a school canteen. The testimony revealed his spouse did not know he had repeated sexual encounters beyond their union. His defence said this was his strategy for managing with his difficult circumstances. Dogan had told a court psychologist that annually he engaged in transactional encounters on his birthday. His attorneys stated to the court he had arthritis triggered by the anxiety of the original case.