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An individual was declared guilty on retrial of sexually assaulting Gisele Pelicot after she was sedated by her husband – and received his prison sentence raised 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 Nîmes court of appeal.

A panel of nine jurors, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her home in southern France in the morning of 29 June 2019.

The court heard that Dogan, a married father, made contact with Gisèle Pelicot’s husband at the time, the husband, in an internet forum named “without her consent”, where the husband was looking for men to visit his house to assault his wife after he had rendered her unconscious into a unconscious state.

We expect the jury will say loud and clear that in this society, human rights are also women’s rights – that permission is individual, not given by another,” stated Gisèle Pelicot’s lawyer, her legal representative. “Permission is obtained personally and not by proxy from a spouse.”

Context

The husband, one of the worst sex offenders in modern French history, was handed a sentence to two decades in prison last year for incapacitating his wife at the time and bringing in multiple perpetrators to rape her in her home in the Provence village of Mazan over a span of almost a decade of their marriage.

Dozens of additional defendants were found convicted in a high-profile trial last year, and Dogan was the only man to challenge his verdict. He was first sentenced to nine years in prison, a penalty enhanced on Thursday to 10 years.

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

Evidence Presented

The defendant had first sent the husband inappropriate pictures and then driven an hour from his town in the region to rape the victim, after notifying his wife he was leaving, the testimony revealed.

The ex-husband, who was transported from isolation in prison to briefly testify at the hearing, informed the court that the accused had known his wife had been “incapacitated” and he told to men by phone: “I want someone to abuse my wife after I’ve sedated her unbeknownst to her.”

The proceedings became a central issue for a wider discussion on sexual violence norms in society as the defendant continued to claim he was blameless and had not committed rape, stating that because Gisèle Pelicot’s husband had allowed him into the bedroom, his behavior had been permissible.

The panel in the higher court was presented with visual proof of the victim's unresponsive form, comatose and breathing heavily in a unconscious condition, while a smiling the perpetrator performed assault repeatedly over a duration of what authorities reported was 3.5 hours. The presiding judge said she had been at risk of fatal outcome by suffocation. The state prosecution said there was no question that she had been unaware and had not given permission.

Defendant's Statements

Dogan informed the court the videos were simply “intimate moments” and rejected it was violation. He said what he did was “an intimate behavior”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was acceptable. He said he was deceived 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 closing remarks to the court, Dogan said: “I did not intend to injure that individual.”

Pelicot's Words

Gisèle Pelicot, who was supported upon leaving court each day by crowds present to support her, told Dogan in court: “You fail to comprehend. When will you acknowledge you raped me? It is illegal to assault an unaware woman. At what point did I give you permission? Not once.”

The victim, seventy-two, became an international feminist hero after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, speaking to Gisèle Pelicot in court, said Dogan’s failure to take accountability showed that: “The shame remains. The community is perhaps in the course of that, possibly propelled by the societal understanding spurred by the revelation of your case.”

The prosecutor said the defendant's claims of innocence showed how rape culture was still prevalent in society as part of “archaic” forms of “male domination”. He said: “We need to change the culture of violence to a ethos of permission.”

Sie said to the defendant: “For as much as you refuse to admit it, it’s not just a person, it’s an complete disturbing social system that you are endorsing.”

Biographical Details

The accused was born in Turkey and at the age of five moved to the nation of France, where his father worked as a building manager. The evidence indicated that his parent was aggressive and that the defendant began smoking cannabis aged ten. When he was seventeen he was apprehended by police for dealing drugs and his parent kicked him out of home. He was incarcerated in prison for trafficking in his early 20s and had worked as a construction worker 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 evidence showed his spouse did not know he had frequent extramarital activities beyond their marriage. His defence said this was his method of dealing with his stressful life. The defendant had told a mental health expert that annually he engaged in transactional encounters on his birthday. His lawyers informed the court he had arthritis triggered by the pressure of the original case.