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A defendant was declared guilty on retrial of sexually assaulting Gisèle Pelicot following she was sedated by her spouse – and received his jail term increased to ten years.

Retrial Proceedings

The defendant, forty-four, an out-of-work construction worker, who had contested his first conviction last year, underwent a retrial this week at the higher court in Nîmes.

A panel of four women and five men, joined by three judges, ruled against Dogan on Thursday of raping the victim in her residence in southern France in the morning of June 29, 2019.

The evidence showed that Dogan, a family man, connected with the victim's spouse, the husband, in an digital platform called “without her consent”, where Pelicot was seeking men to visit his house to rape his wife once he had rendered her unconscious into a deep sleep.

“We hope the court will say loud and clear that in this society, human rights are also women’s rights – that agreement is individual, not given by another,” stated the victim's attorney, her legal representative. “Agreement is secured personally and not by proxy from a husband.”

Case History

Dominique Pelicot, among the most severe 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 soliciting multiple perpetrators to rape her in her home in the town of the village of Mazan over a duration of nearly ten years of their marriage.

Dozens of additional defendants were found convicted in a notable trial last year, and the appellant was the only man to challenge his conviction. He was initially sentenced to 9 years in prison, a penalty raised on Thursday to 10 years.

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

Testimony and Proof

Dogan had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his residence in the region to rape the victim, after informing his wife he was going out, the court heard.

Pelicot, who was brought from solitary confinement in prison to temporarily provide testimony at the hearing, stated to the court that Dogan had understood his wife had been “incapacitated” and he told to men by phone: “I seek someone to abuse my wife after I’ve sedated her without her knowledge.”

The proceedings became a key topic for a wider discussion on rape culture in society as Dogan continued to claim he was not guilty and had not engaged in violation, arguing that because the victim's husband had invited him into the room, his behavior had been permissible.

The panel in the higher court was shown recorded footage of the victim's limp body, sedated and snoring in a comatose state, while a grinning Dogan performed assault on several occasions over a duration of what investigators stated was several hours. The presiding judge said she had been at danger of death by choking. The state prosecution said there was no doubt that she had been incapacitated and had not consented.

Accused's Testimony

The defendant informed the court the recordings were simply “sex scenes” and denied it was rape. He said what he did was “an intimate behavior”, not rape. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan told the court. “I proceeded because he reassured me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I did not intend to harm that individual.”

Victim's Response

The survivor, who was supported upon leaving court each day by crowds assembled to stand with her, addressed Dogan in court: “You do not grasp. When will you admit you assaulted me? It is unlawful to rape an unaware woman. At what point did I give you agreement? Not once.”

Gisèle Pelicot, seventy-two, became an global icon after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, speaking to the victim in court, said Dogan’s failure to take accountability showed that: “Guilt has not shifted. Society is possibly in the midst of that, possibly motivated by the societal understanding brought by the exposure of your ordeal.”

Sie said Dogan’s claims of non-guilt showed how rape culture was still prevalent in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change the culture of violence to a culture of consent.”

The prosecutor told the defendant: “While you refuse to admit it, it’s not just a individual, it’s an complete unpleasant cultural framework that you are endorsing.”

Defendant's Background

The accused was born in the country of Turkey and at the age of five moved to France, where his father worked as a caretaker. The evidence indicated that his parent was violent and that Dogan began using drugs aged 10. When he was seventeen he was caught by police for drug trafficking and his parent forced him to leave the family house. He spent time in prison for drug dealing in his young adulthood and had worked as a laborer but had experienced periods of being unhoused.

He was wed and had a son with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The court heard his wife did not know he had repeated intimate relations beyond their union. His legal team said this was his strategy for managing with his challenging existence. The defendant had stated to a mental health expert that annually he looked for commercial sex on his special day. His legal representatives informed the court he had a medical condition triggered by the pressure of the original case.