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A man has been found guilty on retrial of sexually assaulting Gisele Pelicot following she was sedated by her spouse – and has had his prison sentence raised to ten years.

Retrial Proceedings

Dogan, forty-four, an unemployed builder, who had challenged his first conviction last year, faced a new trial this week at the Nîmes court of appeal.

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

The testimony revealed that Dogan, a married father, made contact with the victim's husband at the time, the husband, in an digital platform named “without her consent”, where Pelicot was seeking men to enter his residence to rape his wife once he had sedated her into a comatose state.

“We hope the court will affirm that in this society, fundamental rights are also women’s rights – that consent is personal, not delegated,” said the victim's lawyer, her legal representative. “Agreement is secured directly and not by proxy from a spouse.”

Context

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 spouse and inviting numerous individuals to sexually assault her in her home in the community of the village of Mazan over a span of nearly ten years of their union.

Dozens of additional defendants were found convicted in a notable trial last year, and the appellant was the only man to challenge his conviction. He was first given a sentence to nine years in prison, a sentence enhanced on Thursday to ten years.

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

Testimony and Proof

Dogan had initially sent the husband graphic images and then traveled an hour from his residence in the region to assault Gisèle Pelicot, after telling his wife he was stepping out, the court heard.

Pelicot, who was brought from solitary confinement in prison to briefly give evidence at the hearing, informed the court that the accused had known his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her without her consent.”

The proceedings became a key topic for a wider discussion on societal attitudes in society as the defendant continued to say he was innocent and had not engaged in violation, arguing that because the victim's husband had invited him into the bedroom, his actions had been permissible.

The jury in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s limp body, comatose and breathing heavily in a comatose state, while a grinning Dogan engaged in violation multiple times over a duration of what police said was several hours. The judge said she had been at danger of death by asphyxiation. The state's case said there was no doubt that she had been incapacitated and had not consented.

Dogan's Claims

Dogan informed the court the recordings were simply “sex scenes” and disputed it was violation. He said what he did was “a sexual act”, not assault. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was permissible. He said he was influenced by the husband. “I attempted to cease,” the accused told the court. “I continued because he convinced me.”

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

Pelicot's Words

The victim, who was applauded upon departing the trial each day by onlookers gathered to support her, told Dogan in court: “You fail to comprehend. When will you acknowledge you violated me? It is unlawful to rape an unaware woman. How could I have give you agreement? Never.”

The victim, seventy-two, became an global icon after she waived her right to confidentiality in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, turning to the victim in court, said the defendant's unwillingness to take responsibility showed that: “The shame remains. The public is maybe in the process of that, possibly motivated by the public consciousness resulting from the revelation of your situation.”

Sie said the defendant's claims of innocence showed how normalized violence was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “Now we must change rape culture to a culture of consent.”

The prosecutor told the defendant: “While you reject it, it’s not just a individual, it’s an whole unpleasant societal structure that you are upholding.”

Personal History

Dogan was born in the country of Turkey and at the age of five relocated to the nation of France, where his father worked as a concierge. The court heard that his parent was aggressive and that Dogan began consuming marijuana at the age of 10. When Dogan was 17 he was caught by police for selling narcotics and his parent evicted him the family house. He spent time in prison for trafficking in his early 20s and had worked as a builder but had undergone periods of homelessness.

He was wed and had a child with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had regular extramarital activities outside their marriage. His legal team said this was his method of dealing with his difficult circumstances. Dogan had informed a mental health expert that annually he looked for paid sex on his special day. His lawyers informed the court he had arthritis triggered by the anxiety of the original case.