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An individual was declared guilty on appeal of sexually assaulting Gisele Pelicot following she was sedated by her spouse – and was given his prison sentence increased to ten years.

Retrial Proceedings

Dogan, forty-four, an out-of-work construction worker, who had contested his initial guilty verdict last year, experienced a retrial this week at the higher court in Nîmes.

A jury of four women and five men, joined by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in Provence in the morning of June 29, 2019.

The evidence showed that the accused, a married father, reached out to the victim's then husband, the husband, in an online chatroom called “without her consent”, where the husband was seeking men to enter his residence to rape his wife once he had drugged her into a unconscious state.

“We hope the court will declare that in this society, fundamental rights are also women’s rights – that agreement is individual, not transferred,” declared Gisèle Pelicot’s attorney, her legal representative. “Consent is received directly and not by proxy from a spouse.”

Background

The ex-husband, one of the worst sex offenders in recent French history, was sentenced to two decades in prison last year for sedating his then wife and inviting numerous individuals to sexually assault her in her home in the town of Mazan over a duration of many years of their union.

Fifty other men were found guilty in a high-profile trial last year, and the appellant was the single defendant to appeal against his conviction. He was first sentenced to 9 years in prison, a punishment enhanced on Thursday to ten years.

The state's attorney, the prosecutor, had stated he should serve 12 years, because he “completely denies to take any blame”.

Testimony and Proof

The defendant had initially sent the husband inappropriate pictures and then driven an hour from his village in the region to rape the victim, after telling his wife he was leaving, the court heard.

The ex-husband, who was transported from segregation in prison to temporarily testify at the retrial, stated to the court that Dogan had been aware his wife had been “sedated” and he told to men by phone: “I want someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a central issue for a wider discussion on sexual violence norms in society as the defendant continued to say he was not guilty and had not engaged in violation, stating that because the victim's husband had welcomed him into the residence, his actions had been acceptable.

The jury in the higher court was presented with recorded footage of Gisèle Pelicot’s unresponsive form, comatose and breathing heavily in a comatose state, while a grinning Dogan engaged in violation multiple times over a timeframe of what authorities reported was three and a half hours. The judge said she had been at peril of fatal outcome by suffocation. The prosecution said there was no question that she had been incapacitated and had not agreed.

Dogan's Claims

The defendant stated to the court the videos were simply “intimate moments” and disputed it was assault. He said what he did was “a consensual activity”, not rape. He told the court: “I am innocent of assault.” He said the victim's husband had allowed him to the home, and therefore it was OK. He said he was deceived by the husband. “I tried to halt,” Dogan stated to the court. “I continued because he convinced me.”

Asked if he wanted to make a last words to the court, the defendant said: “I never wanted to injure that lady.”

Survivor's Statement

The survivor, who was cheered upon leaving court each day by supporters gathered to support her, addressed Dogan in court: “You haven’t understood. When will you admit you assaulted me? It’s a crime to assault an unconscious woman. How could I have give you agreement? Not once.”

The victim, 72, became an international feminist hero after she gave up her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, addressing the victim in court, said Dogan’s refusal to take accountability showed that: “Guilt has not shifted. The community is possibly in the process of that, maybe motivated by the public consciousness spurred by the revelation of your situation.”

The prosecutor said the defendant's claims of blamelessness showed how societal tolerance was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “We need to change the culture of violence to a culture of consent.”

The prosecutor told Dogan: “As long as you refuse to admit it, it’s not just a woman, it’s an complete unpleasant social system that you are supporting.”

Personal History

The accused was born in Turkey and at the age of 5 came to France, where his father worked as a caretaker. The evidence indicated that his father was aggressive and that Dogan began using drugs at the age of 10. When he was 17 he was apprehended by police for drug trafficking and his father forced him to leave the family house. He served time in prison for drug dealing in his early 20s and had worked as a construction worker but had undergone periods of being unhoused.

He was married and had a child 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 regular sexual encounters beyond their union. His legal team said this was his method of dealing with his difficult circumstances. Dogan had stated to a mental health expert that annually he engaged in commercial sex on his birthday. His legal representatives stated to the court he had joint inflammation resulting from the stress of the original case.