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An individual has been found guilty on retrial of sexually assaulting Gisele Pelicot after she was sedated by her then-husband – and has had his jail term increased to 10 years.

Retrial Proceedings

The defendant, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, experienced a appeal hearing this week at the appeals court in Nîmes.

A panel of five men and four women, joined by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her bedroom in southern France in the morning of June 29, 2019.

The testimony revealed that Dogan, a family man, connected with Gisèle Pelicot’s spouse, the husband, in an digital platform called “without her knowledge”, where Pelicot was seeking men to come to his home to assault his wife once he had rendered her unconscious into a unconscious state.

We trust the court will affirm that in this country, fundamental rights are also rights of women – that consent is individual, not delegated,” stated Gisèle Pelicot’s lawyer, her legal representative. “Agreement is obtained personally and not through someone else from a spouse.”

Case History

The husband, one of the worst sex offenders in France's contemporary records, was sentenced to 20 years in prison last year for incapacitating his wife at the time and soliciting multiple perpetrators to rape her in her home in the Provence village of the village of Mazan over a duration of nearly ten years of their union.

Fifty other men were found convicted in a widely publicized trial last year, and Dogan was the single defendant to challenge his conviction. He was first sentenced to nine years in prison, a punishment enhanced on Thursday to 10 years.

The state's attorney, the prosecutor, had argued he should serve 12 years, because he “stubbornly rejects to take any blame”.

Evidence Presented

The defendant 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 stepping out, the court heard.

The ex-husband, who was transported from segregation in prison to temporarily give evidence at the appeal trial, stated to the court that the accused had been aware his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her consent.”

The proceedings became a key topic for a broader debate on rape culture in society as Dogan continued to assert he was blameless and had not committed rape, contending that because the victim's husband had allowed him into the room, his actions had been acceptable.

The panel in the Nîmes appeals court was displayed visual proof of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a deep sleep, while a grinning Dogan engaged in violation on several occasions over a period of what investigators stated was 3.5 hours. The judge said she had been at danger of death by asphyxiation. The state prosecution said there was no doubt that she had been incapacitated and had not given permission.

Defendant's Statements

The defendant told the court the recordings were simply “sexual encounters” and rejected it was assault. He said what he did was “a sexual act”, not assault. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I continued because he reassured me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I did not intend to injure that lady.”

Pelicot's Words

The survivor, who was applauded upon leaving court each day by crowds assembled to back her, said to Dogan in court: “You fail to comprehend. When will you acknowledge you raped me? It’s a crime to rape an incapacitated woman. When did I ever give you consent? At no time.”

Gisèle Pelicot, 72, became an symbol of resistance after she waived her right to anonymity in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, turning to Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “Guilt has not shifted. The public is perhaps in the course of that, possibly motivated by the societal understanding spurred by the revelation of your case.”

The prosecutor said Dogan’s claims of blamelessness showed how normalized violence was still prevalent in society as part of “outdated” forms of “male domination”. He said: “We need to change rape culture to a ethos of permission.”

Sie addressed the defendant: “For as much as you deny it, it’s not just a woman, it’s an whole sordid social system that you are supporting.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of five moved to France, where his father worked as a caretaker. The evidence indicated that his father was aggressive and that the defendant began consuming marijuana at the age of 10. When he was seventeen he was caught by authorities for dealing drugs and his parent forced him to leave of home. He spent time in prison for drug dealing in his young adulthood and had worked as a builder but had experienced periods of living on the streets.

He was married and had a son with Down’s syndrome, who he was the principal carer for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had repeated sexual encounters beyond their marriage. His defence said this was his way of coping with his difficult circumstances. The defendant had told a mental health expert that once a year he looked for transactional encounters on his birthday. His lawyers told the court he had a medical condition resulting from the anxiety of the original case.