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A defendant was convicted on retrial of sexually assaulting Gisèle Pelicot after she was sedated by her then-husband – and has had his jail term extended to ten years.

Higher Court Case

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 Nîmes court of appeal.

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

The court heard that the accused, a married father, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform called “unbeknownst to her”, where the husband was looking for men to visit his house to rape his wife once he had sedated her into a unconscious state.

“We hope the panel will affirm that in this nation, human rights are also women’s rights – that consent is personal, not delegated,” declared Gisèle Pelicot’s attorney, her legal representative. “Agreement is obtained personally and not by proxy from a spouse.”

Case History

Dominique Pelicot, a notorious sexual predators in recent French history, was given a prison term to two decades in prison last year for drugging his wife at the time and bringing in dozens of men to sexually assault her in her home in the community of the village of Mazan over a span of almost a decade of their union.

Dozens of additional defendants were found guilty in a high-profile trial last year, and the appellant was the sole individual to contest his conviction. He was originally handed a term to nine years in prison, a punishment increased on Thursday to ten years.

The state's attorney, Dominique Sie, had contended he should serve twelve years, because he “stubbornly rejects to take any blame”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his village in Provence to assault the victim, after informing his wife he was going out, the court heard.

Pelicot, who was transported from solitary confinement in prison to briefly provide testimony at the hearing, informed the court that the accused had known his wife had been “drugged” and he communicated to men by phone: “I want someone to assault my wife after I’ve sedated her unbeknownst to her.”

The trial became a focus point for a larger conversation on rape culture in society as the defendant continued to say he was innocent and had not committed rape, stating that because Gisèle Pelicot’s husband had allowed him into the residence, his actions had been permissible.

The jury in the higher court was shown visual proof of Gisèle Pelicot’s unconscious figure, comatose and snoring in a comatose state, while a grinning the perpetrator performed assault repeatedly over a period of what authorities reported was 3.5 hours. The court official said she had been at risk of fatal outcome by choking. The state's case said there was absolute certainty that she had been unconscious and had not given permission.

Accused's Testimony

The defendant informed the court the recordings were simply “intimate moments” and disputed it was assault. He said what he did was “an intimate behavior”, not assault. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was permissible. He said he was deceived by the husband. “I attempted to cease,” the accused told the court. “I continued because he reassured me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to harm that woman.”

Victim's Response

The survivor, who was supported upon leaving court each day by supporters present to support her, told Dogan in court: “You haven’t understood. When will you admit you raped me? It’s a crime to rape an incapacitated woman. At what point did I give you consent? Not once.”

The victim, 72, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's refusal to take blame showed that: “The shame remains. The community is possibly in the process of that, maybe motivated by the collective awareness resulting from the revelation of your case.”

Sie said Dogan’s claims of innocence showed how normalized violence was still common in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change rape culture to a culture of consent.”

Sie told the defendant: “While you deny it, it’s not just a woman, it’s an entire sordid societal structure that you are endorsing.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five relocated to the nation of France, where his parent worked as a concierge. The testimony revealed that his father was abusive and that Dogan began consuming marijuana at the age of ten. When Dogan was 17 he was caught by authorities for dealing drugs and his parent kicked him out the residence. He was incarcerated in prison for trafficking in his early 20s and had worked as a builder but had undergone periods of being unhoused.

He was married and had a son with a genetic condition, who he was the primary guardian for, as his wife worked in a educational cafeteria. The court heard his spouse did not know he had regular extramarital activities outside their marriage. His defence said this was his strategy for managing with his difficult circumstances. Dogan had informed 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 caused by the pressure of the original case.