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A man was declared guilty on retrial of sexually assaulting Gisele Pelicot after she was rendered comatose by her then-husband – and was given his jail term increased to a decade.

Retrial Proceedings

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

A panel of four women and five men, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her residence in Provence in the morning of 29 June 2019.

The evidence showed that the accused, a married father, reached out to Gisèle Pelicot’s then husband, the husband, in an internet forum called “unbeknownst to her”, where Pelicot was recruiting men to enter his residence to assault his wife once he had sedated her into a deep sleep.

We trust the panel will affirm that in this society, fundamental rights are also rights of women – that permission is individual, not transferred,” said Gisèle Pelicot’s attorney, her legal representative. “Consent is secured directly and not by proxy from a husband.”

Case History

Dominique Pelicot, among the most severe sex offenders in France's contemporary records, was handed a sentence to 20 years in prison last year for drugging his then wife and inviting numerous individuals to rape her in her home in the community of the village of Mazan over a span of almost a decade of their marriage.

Dozens of additional defendants were found guilty in a widely publicized trial last year, and the appellant was the only man to challenge his sentence. He was initially sentenced to 9 years in prison, a sentence enhanced on Thursday to 10 years.

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

Courtroom Details

The defendant had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his town in the region to rape the victim, after telling his wife he was leaving, the evidence indicated.

Pelicot, who was brought 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 seek someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial 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 perpetrated assault, contending that because the victim's husband had invited him into the room, his actions had been acceptable.

The panel in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a deep sleep, while a smiling Dogan performed assault repeatedly over a timeframe of what authorities reported was 3.5 hours. The judge said she had been at danger of fatal outcome by choking. The prosecution said there was no question that she had been unconscious and had not consented.

Accused's Testimony

The defendant informed the court the videos were simply “sexual encounters” and rejected it was violation. He said what he did was “a consensual activity”, not rape. He declared the court: “I am innocent of assault.” He said the victim's husband had brought him to the residence, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused informed the court. “I proceeded because he reassured me.”

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

Survivor's Statement

The victim, who was applauded upon exiting the courtroom each day by onlookers assembled to stand with her, addressed Dogan in court: “You fail to comprehend. When are you going to recognise you assaulted me? It’s a crime to assault an unconscious woman. How could I have give you consent? Never.”

Gisèle Pelicot, 72, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take blame showed that: “The shame remains. The community is perhaps in the process of that, maybe motivated by the societal understanding brought by the exposure of your case.”

The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “We need to change rape culture to a culture of consent.”

Sie said to the defendant: “As long as you reject it, it’s not just a individual, it’s an entire unpleasant cultural framework that you are supporting.”

Personal History

The accused was born in Turkey and at the age of 5 relocated to France, where his father worked as a building manager. The evidence indicated that his father was abusive and that Dogan began consuming marijuana at the age of 10. When he was 17 he was apprehended by authorities for selling narcotics and his father kicked him out the residence. He served time in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had experienced periods of homelessness.

He was married and had a child with special needs, 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 sexual encounters outside their marriage. His defence said this was his strategy for managing with his challenging existence. The defendant had stated to a court psychologist that once a year he looked for commercial sex on his birthday. His attorneys stated to the court he had joint inflammation caused by the stress of the first trial.