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A man has been found guilty on higher court review of sexually assaulting Gisele Pelicot following she was sedated by her spouse – and received his prison sentence increased to 10 years.

Retrial Proceedings

The defendant, 44, an unemployed builder, who had challenged his first conviction last year, underwent a retrial this week at the higher court in Nîmes.

A panel of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of raping the victim in her residence in southern France in the early hours of 29 June 2019.

The court heard that Dogan, a married father, connected with Gisèle Pelicot’s husband at the time, the husband, in an digital platform called “without her consent”, where the husband was seeking men to visit his house to assault his wife after he had rendered her unconscious into a unconscious state.

We expect the panel will affirm that in this nation, fundamental rights are also rights of women – that agreement is personal, not transferred,” declared the victim's attorney, her legal representative. “Agreement is secured directly and not via a representative from a spouse.”

Case History

Dominique Pelicot, a notorious sex offenders in recent French history, was given a prison term to 20 years in prison last year for drugging his wife at the time and bringing in multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a span of almost a decade of their union.

Fifty other men were found guilty in a widely publicized trial last year, and the appellant was the only man to contest his sentence. He was first given a sentence to 9 years in prison, a punishment increased on Thursday to ten years.

The state's attorney, the prosecutor, had contended he should serve 12 years, because he “completely denies to take any blame”.

Courtroom Details

Dogan had first sent Dominique Pelicot graphic images and then traveled an hour from his village in Provence to rape the victim, after informing his wife he was leaving, the evidence indicated.

Pelicot, who was transported from segregation in prison to briefly provide testimony at the retrial, stated to the court that Dogan had known his wife had been “drugged” and he told to men by phone: “I’m looking for someone to violate my wife after I’ve sedated her without her consent.”

The courtroom became a focus point for a wider discussion on sexual violence norms in society as the defendant continued to say he was blameless and had not committed rape, contending that because Gisèle Pelicot’s husband had invited him into the bedroom, his conduct had been justifiable.

The panel in the higher court was shown recorded footage of Gisèle Pelicot’s limp body, unconscious and snoring in a deep sleep, while a smiling the perpetrator performed assault on several occasions over a timeframe of what investigators stated was several hours. The presiding judge said she had been at peril of fatal outcome by asphyxiation. The state prosecution said there was no question that she had been incapacitated and had not agreed.

Defendant's Statements

The defendant informed the court the recordings were simply “intimate moments” and disputed it was rape. He said what he did was “a consensual activity”, not rape. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was OK. He said he was manipulated by the husband. “I attempted to cease,” Dogan stated to the court. “I continued because he reassured me.”

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

Pelicot's Words

Gisèle Pelicot, who was applauded upon leaving court each day by supporters assembled to support her, addressed Dogan in court: “You fail to comprehend. When are you going to recognise you assaulted me? It is unlawful to assault an unaware woman. At what point did I give you agreement? At no time.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she gave up her right to privacy in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, speaking to the victim in court, said the defendant's refusal to take accountability showed that: “Guilt has not shifted. The public is possibly in the midst of that, possibly propelled by the public consciousness brought by the revelation of your ordeal.”

Sie said Dogan’s claims of innocence showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a society based on agreement.”

Sie said to Dogan: “As long as you reject it, it’s not just a person, it’s an whole sordid social system that you are endorsing.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of five came to the nation of France, where his parent worked as a caretaker. The evidence indicated that his father was abusive and that Dogan began smoking cannabis at the age of ten. When Dogan was 17 he was apprehended by authorities for drug trafficking and his father forced him to leave the family house. He spent time in prison for drug dealing in his twenties and had worked as a builder but had undergone periods of living on the streets.

He was married and had a son with a genetic condition, who he was the primary guardian for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had repeated extramarital activities outside their marriage. His defence said this was his strategy for managing with his stressful life. The defendant had stated to a mental health expert that each year he engaged in transactional encounters on his special day. His lawyers told the court he had joint inflammation caused by the stress of the first trial.