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An individual was declared guilty on retrial of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her then-husband – and received his jail term increased to 10 years.

Higher Court Case

The defendant, forty-four, an unemployed builder, who had appealed his first conviction last year, experienced a new trial this week at the appeals court in Nîmes.

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

The evidence showed that Dogan, a family man, reached out to the victim's spouse, the husband, in an digital platform called “unbeknownst to her”, where the husband was looking for men to enter his residence to rape his wife once he had drugged her into a comatose state.

“We hope the jury will say loud and clear that in this nation, human rights are also women’s rights – that consent is personal, not given by another,” said the victim's lawyer, Antoine Camus. “Agreement is received personally and not through someone else from a husband.”

Case History

Dominique Pelicot, a notorious sexual predators in modern French history, was handed a sentence to 20 years in prison last year for incapacitating his wife at the time 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 convicted in a widely publicized trial last year, and the appellant was the single defendant to challenge his conviction. He was originally sentenced to nine years in prison, a punishment enhanced on Thursday to a decade.

The state's attorney, the prosecutor, had argued he should serve twelve years, because he “completely denies to take any accountability”.

Courtroom Details

The defendant had first sent Dominique Pelicot graphic images and then driven an hour from his village in the region to assault the victim, after notifying his wife he was leaving, the testimony revealed.

The ex-husband, who was transported from segregation in prison to briefly provide testimony at the retrial, informed the court that Dogan had understood his wife had been “incapacitated” and he communicated to men by phone: “I seek 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 blameless and had not committed rape, stating that because Gisèle Pelicot’s husband had allowed him into the bedroom, his behavior had been justifiable.

The panel in the higher court was presented with video evidence of Gisèle Pelicot’s unresponsive form, unconscious and snoring in a comatose state, while a grinning Dogan engaged in violation multiple times over a period of what investigators stated was 3.5 hours. The judge said she had been at risk of death by choking. The state prosecution said there was no question that she had been incapacitated and had not given permission.

Dogan's Claims

The defendant told the court the recordings were simply “intimate moments” and rejected it was assault. He said what he did was “a sexual act”, not rape. He stated the court: “I am innocent of assault.” He said the victim's husband had invited him to the home, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan stated to 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 hurt that individual.”

Pelicot's Words

The survivor, who was applauded upon leaving court each day by onlookers assembled to support her, addressed Dogan in court: “You haven’t understood. When are you going to recognise you assaulted me? It’s a crime to rape an unconscious woman. When did I ever give you agreement? Not once.”

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

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's unwillingness to take responsibility showed that: “Shame has not yet changed sides. The community is maybe in the process of that, maybe motivated by the public consciousness brought by the revelation of your case.”

Sie said Dogan’s claims of blamelessness showed how normalized violence was still widespread in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change rape culture to a ethos of permission.”

Sie said to Dogan: “As long as you refuse to admit it, it’s not just a individual, it’s an entire sordid social system that you are endorsing.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of five relocated to France, where his parent worked as a building manager. The testimony revealed that his parent was abusive and that the defendant began using drugs aged ten. When he was 17 he was stopped by police for dealing drugs and his father kicked him out of home. He served time in prison for trafficking in his young adulthood and had worked as a construction worker but had experienced periods of homelessness.

He was wed and had a son with a genetic condition, who he was the main caregiver for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had regular intimate relations outside their marriage. His defence said this was his method of dealing with his challenging existence. Dogan had informed a evaluator that annually he sought paid sex on his special day. His legal representatives informed the court he had a medical condition resulting from the anxiety of the initial proceedings.