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A defendant was convicted on retrial of raping Gisele Pelicot after she was sedated by her then-husband – and was given his jail term extended to ten years.

Higher Court Case

The defendant, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, experienced a new trial this week at the appeals court in Nîmes.

A panel of nine jurors, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her home in the south of France in the early hours of 29 June 2019.

The evidence showed that the accused, a married father, made contact with Gisèle Pelicot’s spouse, the husband, in an internet forum called “without her knowledge”, where the husband was looking for men to come to his home to assault his wife after he had drugged her into a unconscious state.

We expect the jury will declare that in this country, human rights are also rights of women – that agreement is individual, not given by another,” stated Gisèle Pelicot’s attorney, her legal representative. “Consent is received directly and not via a representative from a spouse.”

Background

The ex-husband, among the most severe sex offenders in modern French history, was handed a sentence to two decades in prison last year for incapacitating his wife at the time and inviting multiple perpetrators to sexually assault her in her home in the town of Mazan over a period of almost a decade of their union.

Numerous other individuals were found guilty in a notable trial last year, and Dogan was the only man to appeal against his sentence. He was initially sentenced to nine years in prison, a penalty enhanced on Thursday to ten years.

The chief prosecutor, the prosecutor, had argued he should serve 12 years, because he “stubbornly rejects to take any blame”.

Testimony and Proof

The defendant had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his residence in Provence to assault the victim, after informing his wife he was stepping out, the court heard.

Pelicot, who was transported from solitary confinement in prison to temporarily testify at the hearing, stated to the court that the accused had been aware his wife had been “incapacitated” and he communicated to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a focus point for a wider discussion on sexual violence norms in society as Dogan continued to say he was not guilty and had not committed rape, stating that because the victim's husband had invited him into the bedroom, his behavior had been acceptable.

The jury in the Nîmes appeals court was shown visual proof of Gisèle Pelicot’s limp body, sedated and breathing heavily in a unconscious condition, while a smiling the perpetrator committed rape multiple times over a duration of what investigators stated was several hours. The presiding judge said she had been at risk of fatal outcome by suffocation. The state prosecution said there was absolute certainty that she had been unconscious and had not agreed.

Defendant's Statements

The defendant told the court the videos were simply “sex scenes” and disputed it was violation. He said what he did was “a consensual activity”, not assault. He stated the court: “I never raped.” He said the victim's husband had invited him to the residence, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I continued because he convinced me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I never wanted to hurt that lady.”

Victim's Response

The victim, who was applauded upon departing the trial each day by supporters present to stand with her, told Dogan in court: “You do not grasp. When are you going to recognise you assaulted me? It is unlawful to assault an unaware woman. How could I have give you consent? At no time.”

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

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “Guilt has not shifted. Society is perhaps in the process of that, perhaps driven by the societal understanding resulting from the revelation of your ordeal.”

The prosecutor said the defendant's claims of blamelessness showed how normalized violence was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change rape culture to a society based on agreement.”

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

Defendant's Background

The accused was born in Turkey and at the age of five moved to the nation of France, where his father worked as a caretaker. The testimony revealed that his father was violent and that the defendant began using drugs aged 10. When Dogan was seventeen he was caught by authorities for dealing drugs and his parent kicked him out of home. He spent time in prison for trafficking in his early 20s and had worked as a builder but had experienced periods of homelessness.

He was married and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The testimony revealed his spouse did not know he had repeated extramarital activities outside their union. His legal team said this was his way of coping with his difficult circumstances. Dogan had told a mental health expert that annually he sought transactional encounters on his special day. His lawyers stated to the court he had joint inflammation triggered by the anxiety of the first trial.