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A man was declared guilty on higher court review of sexually assaulting Gisele Pelicot following she was drugged unconscious by her then-husband – and was given his jail term increased to 10 years.

Retrial Proceedings

Dogan, 44, an out-of-work construction worker, who had contested his first conviction last year, faced a new trial this week at the higher court in Nîmes.

A jury of four women and five men, sitting with three judges, found Dogan guilty on Thursday of raping the victim in her bedroom in the south of France in the morning of 29 June 2019.

The court heard that Dogan, a family man, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform titled “unbeknownst to her”, where the husband was seeking men to come to his home to assault his wife after he had sedated her into a deep sleep.

“We hope the panel will affirm that in this society, human rights are also rights of women – that consent is personal, not given by another,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is obtained directly and not through someone else from a spouse.”

Context

The ex-husband, among the most severe sex offenders in recent French history, was given a prison term to twenty years in prison last year for sedating his spouse and inviting dozens of men to sexually assault her in her home in the community of the village of Mazan over a span of many years of their union.

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

The chief prosecutor, Dominique Sie, had stated he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Courtroom Details

Dogan had initially sent the husband sexually explicit photos and then driven an hour from his town in the region to assault Gisèle Pelicot, after notifying his wife he was leaving, the court heard.

Pelicot, who was transported from segregation in prison to briefly give evidence at the retrial, informed the court that the accused had been aware his wife had been “incapacitated” and he said to men by phone: “I want someone to violate my wife after I’ve put her to sleep without her consent.”

The proceedings became a central issue for a broader debate on sexual violence norms in society as the defendant continued to say he was not guilty and had not committed rape, contending that because the victim's husband had invited him into the residence, his behavior had been acceptable.

The jury in the higher court was shown visual proof of Gisèle Pelicot’s limp body, unconscious and snoring in a unconscious condition, while a smiling Dogan performed assault on several occasions over a timeframe of what investigators stated was several hours. The presiding judge said she had been at risk of fatal outcome by suffocation. The state's case said there was no question that she had been unconscious and had not consented.

Defendant's Statements

Dogan told the court the recordings were simply “sex scenes” and rejected it was rape. He said what he did was “a consensual activity”, not rape. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was acceptable. He said he was deceived by the husband. “I tried to halt,” the accused stated to the court. “I continued because he convinced me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to hurt that lady.”

Survivor's Statement

The survivor, who was applauded upon exiting the courtroom each day by onlookers present to stand with her, told the defendant in court: “You haven’t understood. When will you admit you assaulted me? It is unlawful to rape an unaware woman. How could I have give you consent? At no time.”

The victim, 72, became an global icon after she relinquished her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, turning to the victim in court, said Dogan’s refusal to take blame showed that: “The shame remains. The community is possibly in the process of that, perhaps propelled by the societal understanding brought by the publication of your case.”

Sie said the defendant's claims of blamelessness showed how rape culture was still widespread in society as part of “archaic” forms of “male domination”. He said: “We need to change rape culture to a society based on agreement.”

Sie said to Dogan: “As long as you refuse to admit it, it’s not just a person, it’s an whole disturbing societal structure that you are upholding.”

Personal History

The accused was originated from Turkey and at the age of five relocated to France, where his parent worked as a building manager. The evidence indicated that his parent was aggressive and that Dogan began using drugs at the age of ten. When he was 17 he was stopped by authorities for dealing drugs and his father kicked him out of home. He spent time in prison for trafficking in his early 20s and had worked as a construction worker but had experienced periods of being unhoused.

He was wed and had a son with special needs, who he was the primary guardian for, as his wife worked in a institution's dining hall. The evidence showed his wife did not know he had repeated extramarital activities beyond their union. His legal team said this was his way of coping with his challenging existence. The defendant had stated to a mental health expert that once a year he engaged in paid sex on his birthday. His attorneys informed the court he had a medical condition resulting from the pressure of the original case.