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An individual was declared guilty on retrial of sexually assaulting Gisèle Pelicot following she was sedated by her husband – and was given his prison sentence increased to 10 years.

Higher Court Case

Dogan, forty-four, an unemployed builder, who had challenged his initial guilty verdict last year, faced a new trial this week at the higher court in Nîmes.

A panel of nine jurors, joined by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her bedroom in the south of France in the early hours of 29 June 2019.

The court heard that Dogan, a married father, connected with the victim's spouse, Dominique Pelicot, in an internet forum named “unbeknownst to her”, where Pelicot was recruiting men to come to his home to rape his wife once he had sedated her into a deep sleep.

We expect the jury will affirm that in this nation, fundamental rights are also rights of women – that agreement is personal, not given by another,” declared the victim's lawyer, Antoine Camus. “Agreement is obtained directly and not via a representative from a spouse.”

Case History

The ex-husband, among the most severe sexual predators in recent French history, was sentenced to two decades in prison last year for sedating his spouse and bringing in dozens of men to rape her in her home in the Provence village of the village of Mazan over a duration of many years of their union.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and Dogan was the single defendant to appeal against his conviction. He was first sentenced to nine years in prison, a penalty increased on Thursday to a decade.

The state's attorney, Dominique Sie, had stated he should serve 12 years, because he “stubbornly rejects to take any blame”.

Courtroom Details

Dogan had initially sent the husband sexually explicit photos and then driven an hour from his village in the region to assault the victim, after notifying his wife he was leaving, the testimony revealed.

Pelicot, who was brought from segregation in prison to temporarily provide testimony at the retrial, informed the court that Dogan had been aware his wife had been “drugged” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her knowledge.”

The trial became a focus point for a broader debate on rape culture in society as the defendant continued to assert he was blameless and had not committed rape, stating that because the victim's husband had allowed him into the bedroom, his actions had been acceptable.

The panel in the higher court was displayed recorded footage of the victim's unconscious figure, unconscious and breathing heavily in a unconscious condition, while a smiling the perpetrator engaged in violation repeatedly over a period of what authorities reported was 3.5 hours. The court official said she had been at peril of death by choking. The state prosecution said there was no doubt that she had been unconscious and had not given permission.

Accused's Testimony

The defendant stated to the court the footage were simply “intimate moments” and rejected it was violation. He said what he did was “a sexual act”, not rape. He declared the court: “I did not commit rape.” He said the victim's husband had allowed him to the house, and therefore it was permissible. He said he was deceived by the husband. “I wanted to stop,” the accused informed the court. “I continued because he persuaded me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to hurt that lady.”

Survivor's Statement

Gisèle Pelicot, who was applauded upon departing the trial each day by supporters present to back her, said to Dogan in court: “You haven’t understood. When will you acknowledge you assaulted me? It is illegal to rape an unconscious woman. At what point did I give you consent? Never.”

The victim, seventy-two, became an global icon after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, addressing the victim in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. The community is possibly in the course of that, perhaps propelled by the public consciousness brought by the revelation of your case.”

Sie said Dogan’s claims of non-guilt showed how societal tolerance was still prevalent in society as part of “archaic” forms of “male domination”. He said: “Now we must change rape culture to a ethos of permission.”

The prosecutor said to the defendant: “While you deny it, it’s not just a individual, it’s an entire unpleasant cultural framework that you are supporting.”

Personal History

Dogan was originated from the country of Turkey and at the age of five moved to France, where his father worked as a caretaker. The court heard that his father was aggressive and that Dogan began consuming marijuana at the age of ten. When he was 17 he was caught by authorities for dealing drugs and his parent forced him to leave the family house. He spent time in prison for drug dealing in his twenties and had worked as a builder but had experienced periods of living on the streets.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had frequent intimate relations outside their marriage. His legal team said this was his way of coping with his stressful life. Dogan had told a evaluator that annually he engaged in transactional encounters on his special day. His lawyers told the court he had a medical condition resulting from the pressure of the first trial.