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A man has been found guilty on retrial of sexually assaulting Gisele Pelicot following she was drugged unconscious by her spouse – and received his prison sentence extended to a decade.

Retrial Proceedings

The defendant, 44, an out-of-work construction worker, who had challenged his first conviction last year, underwent a appeal hearing this week at the appeals court in Nîmes.

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

The testimony revealed that Dogan, a married father, reached out to the victim's then husband, Dominique Pelicot, in an digital platform called “without her consent”, where Pelicot was looking for men to enter his residence to rape his wife once he had rendered her unconscious into a unconscious state.

We trust the jury will affirm that in this society, fundamental rights are also rights of women – that consent is individual, not delegated,” said the victim's lawyer, her legal representative. “Agreement is received directly and not by proxy from a spouse.”

Case History

The husband, among the most severe sex offenders in modern French history, was given a prison term to 20 years in prison last year for incapacitating his wife at the time and bringing in multiple perpetrators to sexually assault her in her home in the community of the village of Mazan over a duration of almost a decade of their marriage.

Numerous other individuals were found guilty in a widely publicized trial last year, and Dogan was the only man to appeal against his verdict. He was originally handed a term to 9 years in prison, a sentence increased on Thursday to 10 years.

The chief prosecutor, the prosecutor, had contended he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

Dogan had initially sent the husband inappropriate pictures and then driven an hour from his town in the region to assault the victim, after telling his wife he was leaving, the testimony revealed.

Pelicot, who was brought from isolation in prison to temporarily give evidence at the retrial, told the court that the accused had been aware his wife had been “sedated” and he told to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a central issue for a larger conversation on sexual violence norms 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 residence, his behavior had been justifiable.

The jury in the higher court was presented with video evidence of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a unconscious condition, while a grinning the perpetrator engaged in violation on several occasions over a period of what investigators stated was 3.5 hours. The court official said she had been at peril of fatal outcome by asphyxiation. The prosecution said there was absolute certainty that she had been unaware and had not given permission.

Accused's Testimony

Dogan stated to the court the videos were simply “intimate moments” and rejected it was violation. He said what he did was “a sexual act”, not rape. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was permissible. He said he was deceived by the husband. “I attempted to cease,” the accused informed the court. “I proceeded because he convinced me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I did not intend to harm that individual.”

Survivor's Statement

The survivor, who was supported upon exiting the courtroom each day by onlookers present to stand with her, said to the defendant in court: “You fail to comprehend. When will you admit you violated me? It is unlawful to assault an incapacitated woman. At what point did I give you consent? At no time.”

Gisèle Pelicot, 72, became an global icon after she relinquished her right to anonymity in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, turning to the victim in court, said the defendant's refusal to take blame showed that: “Guilt has not shifted. The community is perhaps in the course of that, perhaps motivated by the public consciousness spurred by the revelation of your situation.”

Sie said the defendant's claims of non-guilt showed how societal tolerance was still common in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change rape culture to a society based on agreement.”

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 endorsing.”

Defendant's Background

The accused was born in Turkey and at the age of five relocated to France, where his parent worked as a building manager. The evidence indicated that his father was abusive and that the defendant began smoking cannabis at the age of 10. When Dogan was seventeen he was stopped by police for dealing drugs and his parent kicked him out the family house. He spent time in prison for narcotics offenses in his twenties and had worked as a construction worker but had faced periods of homelessness.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The evidence showed his spouse did not know he had frequent extramarital activities outside their union. His defence said this was his way of coping with his difficult circumstances. Dogan had told a court psychologist that annually he sought commercial sex on his special day. His legal representatives informed the court he had arthritis triggered by the pressure of the first trial.