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A man was declared guilty on appeal of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her spouse – and has had his prison sentence increased to a decade.

Retrial Proceedings

The defendant, 44, an unemployed builder, who had appealed his initial guilty verdict last year, faced a retrial this week at the higher court in Nîmes.

A jury of five men and four women, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her bedroom in southern France in the early hours of 29 June 2019.

The evidence showed that the accused, a married father, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom titled “without her consent”, where Pelicot was looking for men to come to his home to assault his wife once he had rendered her unconscious into a deep sleep.

We expect the panel will affirm that in this country, human rights are also rights of women – that consent is individual, not delegated,” stated Gisèle Pelicot’s attorney, her legal representative. “Agreement is received personally and not through someone else from a husband.”

Context

Dominique Pelicot, one of the worst sex offenders in recent French history, was sentenced to 20 years in prison last year for sedating his wife at the time and soliciting multiple perpetrators to sexually assault her in her home in the town of the village of Mazan over a period of almost a decade of their union.

Fifty other men were found convicted in a notable trial last year, and the appellant was the sole individual to contest his verdict. He was originally sentenced to nine years in prison, a punishment increased on Thursday to 10 years.

The chief prosecutor, the prosecutor, had contended he should serve 12 years, because he “completely denies to take any accountability”.

Testimony and Proof

The defendant had first sent the husband inappropriate pictures and then traveled an hour from his town in the region to assault the victim, after telling his wife he was going out, the evidence indicated.

Pelicot, who was transported from isolation in prison to temporarily provide testimony at the retrial, informed the court that the accused had known his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a central issue for a wider discussion on rape culture in society as Dogan continued to assert he was not guilty and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had welcomed him into the room, his conduct had been justifiable.

The panel in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s unresponsive form, comatose and snoring in a comatose state, while a grinning Dogan engaged in violation multiple times over a period of what authorities reported was 3.5 hours. The presiding judge said she had been at peril of fatal outcome by asphyxiation. The state's case said there was absolute certainty that she had been unaware and had not consented.

Accused's Testimony

The defendant told the court the videos were simply “intimate moments” and rejected it was rape. He said what he did was “a sexual act”, not assault. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was permissible. He said he was influenced by the husband. “I attempted to cease,” the accused informed the court. “I carried on because he convinced me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I never wanted to harm that woman.”

Survivor's Statement

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by supporters gathered to back her, told Dogan in court: “You do not grasp. When will you admit you assaulted me? It’s a crime to rape an unconscious woman. At what point did I give you consent? At no time.”

Gisèle Pelicot, 72, 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

Sie, speaking to the victim in court, said the defendant's refusal to take blame showed that: “The shame remains. The community is perhaps in the midst of that, perhaps propelled by the societal understanding resulting from the exposure of your ordeal.”

Sie said the defendant's claims of non-guilt showed how societal tolerance was still common in society as part of “old-fashioned” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

The prosecutor said to the defendant: “While you deny it, it’s not just a person, it’s an whole unpleasant social system that you are supporting.”

Personal History

Dogan was born in Turkey and at the age of 5 came to France, where his parent worked as a building manager. The testimony revealed that his parent was aggressive and that Dogan began consuming marijuana aged 10. When he was 17 he was stopped by police for dealing drugs and his father evicted him the residence. He served time in prison for trafficking in his early 20s and had worked as a construction worker but had undergone periods of homelessness.

He was wed and had a child with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The testimony revealed his wife did not know he had frequent extramarital activities beyond their marriage. His legal team said this was his strategy for managing with his stressful life. The defendant had informed a mental health expert that once a year he looked for commercial sex on his special day. His lawyers informed the court he had joint inflammation resulting from the stress of the first trial.