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A defendant was convicted on retrial of sexually assaulting Gisele Pelicot after she was rendered comatose by her husband – and received his prison sentence raised to 10 years.

Retrial Proceedings

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

A panel of five men and four women, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her bedroom in southern France in the early hours of June 29, 2019.

The evidence showed that the accused, a married father, reached out to the victim's husband at the time, the husband, in an digital platform called “without her consent”, where the husband was looking for men to come to his home to rape his wife once he had drugged her into a comatose state.

We trust the court will affirm that in this nation, fundamental rights are also rights of women – that permission is personal, not given by another,” stated Gisèle Pelicot’s lawyer, her legal representative. “Agreement is obtained directly and not by proxy from a spouse.”

Case History

The husband, a notorious sexual predators in modern French history, was sentenced to 20 years in prison last year for sedating his spouse and inviting multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a duration of almost a decade 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 sentence. He was initially sentenced to 9 years in prison, a penalty increased on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had stated he should serve 12 years, because he “completely denies to take any blame”.

Courtroom Details

The defendant had initially sent Dominique Pelicot graphic images and then driven an hour from his town in the region to assault Gisèle Pelicot, after notifying his wife he was stepping out, the testimony revealed.

Pelicot, who was brought from isolation in prison to temporarily give evidence at the retrial, told the court that Dogan had been aware his wife had been “incapacitated” and he communicated to men by phone: “I want someone to assault my wife after I’ve sedated her unbeknownst to her.”

The proceedings became a focus point for a broader debate on rape culture in society as the defendant continued to claim he was innocent and had not committed rape, stating that because Gisèle Pelicot’s husband had invited him into the bedroom, his actions had been justifiable.

The jury in the higher court was displayed video evidence of the victim's limp body, unconscious and snoring in a unconscious condition, while a smiling Dogan committed rape on several occasions over a timeframe of what authorities reported was several hours. The presiding judge said she had been at risk of fatal outcome by suffocation. The state prosecution said there was no doubt that she had been unaware and had not agreed.

Dogan's Claims

Dogan stated to the court the footage were simply “sexual encounters” and denied it was assault. He said what he did was “an intimate behavior”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan informed the court. “I proceeded because he reassured me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I did not intend to injure that woman.”

Pelicot's Words

Gisèle Pelicot, who was cheered upon leaving court each day by crowds gathered to back her, addressed Dogan in court: “You haven’t understood. When are you going to recognise you violated me? It is unlawful to assault an unaware woman. When did I ever give you agreement? Not once.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she relinquished her right to confidentiality in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, addressing the victim in court, said Dogan’s unwillingness to take accountability showed that: “Guilt has not shifted. The public is possibly in the midst of that, perhaps propelled by the public consciousness spurred by the publication of your case.”

The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still common in society as part of “outdated” forms of “male domination”. He said: “We need to change the culture of violence to a culture of consent.”

Sie told the defendant: “For as much as you reject it, it’s not just a person, it’s an entire disturbing social system that you are upholding.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of 5 relocated to France, where his father worked as a building manager. The court heard that his father was abusive and that Dogan began consuming marijuana at the age of 10. When he was 17 he was stopped by authorities for drug trafficking and his father evicted him the family house. He served time in prison for narcotics offenses in his twenties and had worked as a laborer but had experienced periods of being unhoused.

He was married and had a son with a genetic condition, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The court heard his wife did not know he had frequent extramarital activities outside their union. His legal team said this was his way of coping with his challenging existence. The defendant had stated to a evaluator that annually he engaged in transactional encounters on his birthday. His lawyers informed the court he had arthritis triggered by the stress of the first trial.