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A man was declared guilty on retrial of sexually assaulting Gisele Pelicot after she was drugged unconscious by her spouse – and has had his jail term raised to 10 years.

Retrial Proceedings

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

A panel of five men and four women, accompanied by three judges, ruled against Dogan on Thursday of raping Pelicot in her home in Provence in the morning of 29 June 2019.

The court heard that the accused, a family man, made contact with the victim's spouse, Dominique Pelicot, in an internet forum titled “without her consent”, where Pelicot was recruiting men to enter his residence to assault his wife after he had rendered her unconscious into a deep sleep.

We expect the court will say loud and clear that in this country, human rights are also rights of women – that consent is individual, not delegated,” said the victim's attorney, Antoine Camus. “Permission is secured directly and not by proxy from a spouse.”

Context

Dominique Pelicot, one of the worst sex offenders in recent French history, was handed a sentence to 20 years in prison last year for incapacitating his spouse and soliciting multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a duration of many years of their marriage.

Dozens of additional defendants were found culpable in a notable trial last year, and Dogan was the single defendant to contest his verdict. He was originally handed a term to nine years in prison, a sentence enhanced on Thursday to ten years.

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

Evidence Presented

Dogan had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his town in Provence to rape the victim, after telling his wife he was going out, the testimony revealed.

The ex-husband, who was transported from isolation in prison to temporarily provide testimony at the appeal trial, informed the court that Dogan had understood his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to violate my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a central issue for a wider discussion on rape culture in society as Dogan continued to say he was blameless and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had allowed him into the residence, his actions had been acceptable.

The jury in the Nîmes appeals court was displayed visual proof of Gisèle Pelicot’s unresponsive form, sedated and snoring in a unconscious condition, while a smiling the perpetrator engaged in violation repeatedly over a period of what police said was several hours. The court official said she had been at danger of fatal outcome by asphyxiation. The prosecution said there was absolute certainty that she had been unaware and had not given permission.

Accused's Testimony

The defendant informed the court the videos were simply “intimate moments” and disputed it was violation. He said what he did was “a consensual activity”, not rape. He stated the court: “I did not commit rape.” He said the victim's husband had brought him to the home, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I wanted to stop,” the accused told the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I did not intend to harm that lady.”

Survivor's Statement

The survivor, who was applauded upon leaving court each day by onlookers gathered to stand with her, told Dogan in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is illegal to assault an unconscious woman. At what point did I give you consent? Not once.”

The victim, 72, became an global icon after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, turning to the victim in court, said the defendant's failure to take accountability showed that: “Guilt has not shifted. The community is perhaps in the midst of that, perhaps driven by the public consciousness resulting from the revelation of your ordeal.”

The prosecutor said the defendant's claims of blamelessness showed how rape culture was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change rape culture to a ethos of permission.”

Sie addressed the defendant: “While you reject it, it’s not just a woman, it’s an entire disturbing societal structure that you are endorsing.”

Personal History

Dogan was born in Turkey and at the age of five moved to France, where his father worked as a building manager. The testimony revealed that his father was violent and that the defendant began using drugs at the age of ten. When Dogan was seventeen he was apprehended by police for dealing drugs and his father evicted him the residence. He served time in prison for drug dealing in his early 20s and had worked as a construction worker 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 institution's dining hall. The evidence showed his wife did not know he had frequent sexual encounters outside their marriage. His defence said this was his method of dealing with his challenging existence. The defendant had stated to a court psychologist that each year he looked for paid sex on his birthday. His attorneys informed the court he had a medical condition resulting from the pressure of the first trial.