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A defendant was convicted on appeal of sexually assaulting Gisèle Pelicot after she was sedated by her spouse – and was given his incarceration period increased to 10 years.

Retrial Proceedings

The defendant, forty-four, an out-of-work construction worker, who had challenged his first conviction last year, experienced a new trial 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 sexually assaulting the victim in her residence in Provence in the morning of June 29, 2019.

The evidence showed that Dogan, a married father, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom titled “without her consent”, where the husband was seeking men to visit his house to assault his wife once he had sedated her into a comatose state.

We expect the court will say loud and clear that in this society, fundamental rights are also women’s rights – that agreement is personal, not transferred,” said the victim's attorney, Antoine Camus. “Consent is obtained directly and not through someone else from a spouse.”

Case History

Dominique Pelicot, a notorious sex offenders in modern French history, was sentenced to 20 years in prison last year for incapacitating his spouse and inviting dozens of men to rape her in her home in the Provence village of the village of Mazan over a span of almost a decade of their marriage.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and Dogan was the sole individual to contest his conviction. He was first sentenced to 9 years in prison, a sentence raised on Thursday to 10 years.

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

Testimony and Proof

The defendant had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his town in the region to rape the victim, after notifying his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from isolation in prison to briefly give evidence at the appeal trial, stated to the court that the accused had understood his wife had been “drugged” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a central issue for a larger conversation on rape culture in society as the defendant continued to assert he was not guilty and had not committed rape, arguing that because Gisèle Pelicot’s husband had allowed him into the bedroom, his behavior had been permissible.

The jury in the Nîmes appeals court was displayed video evidence of the victim's unconscious figure, comatose and breathing heavily in a comatose state, while a grinning Dogan performed assault repeatedly over a period of what investigators stated was several hours. The judge said she had been at risk of fatal outcome by choking. The state prosecution said there was no question that she had been incapacitated and had not consented.

Dogan's Claims

The defendant informed the court the footage were simply “intimate moments” and disputed it was rape. He said what he did was “a sexual act”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had invited him to the home, and therefore it was permissible. He said he was deceived by the husband. “I wanted to stop,” the accused informed the court. “I continued because he convinced me.”

Asked if he wanted to make a last words to the court, the defendant said: “I had no desire to injure that lady.”

Pelicot's Words

The survivor, who was cheered upon exiting the courtroom each day by onlookers assembled to support her, said to Dogan in court: “You fail to comprehend. When will you acknowledge you violated me? It’s a crime to assault an incapacitated woman. When did I ever give you permission? Not once.”

The victim, seventy-two, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's failure to take accountability showed that: “Shame has not yet changed sides. The community is possibly in the course of that, perhaps driven by the societal understanding spurred by the revelation of your situation.”

Sie said the defendant's claims of non-guilt showed how societal tolerance was still common in society as part of “outdated” forms of “male domination”. He said: “Now we must change the culture of violence to a ethos of permission.”

Sie addressed the defendant: “For as much as you deny it, it’s not just a woman, it’s an entire disturbing societal structure that you are supporting.”

Biographical Details

Dogan was born in the country of Turkey and at the age of 5 relocated to the nation of France, where his father worked as a building manager. The court heard that his father was abusive and that Dogan began consuming marijuana aged 10. When Dogan was 17 he was apprehended by police for drug trafficking and his parent evicted him of home. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a builder but had experienced periods of being unhoused.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had regular intimate relations outside their marriage. His defence said this was his way of coping with his challenging existence. Dogan had informed a court psychologist that once a year he looked for transactional encounters on his special day. His lawyers told the court he had arthritis caused by the pressure of the initial proceedings.