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A man has been found guilty on retrial of sexually assaulting Gisele Pelicot after she was drugged unconscious by her husband – and was given his jail term raised to a decade.

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, faced a retrial this week at the Nîmes court of appeal.

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

The testimony revealed that Dogan, a family man, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an digital platform titled “without her consent”, where Pelicot was recruiting men to visit his house to rape his wife after he had rendered her unconscious into a comatose state.

We expect the jury will affirm that in this society, fundamental rights are also women’s rights – that agreement is personal, not given by another,” said Gisèle Pelicot’s lawyer, her legal representative. “Agreement is obtained personally and not by proxy from a spouse.”

Background

The ex-husband, one of the worst sex offenders in recent French history, was given a prison term to twenty years in prison last year for sedating his then wife and bringing in numerous individuals to sexually assault her in her home in the community of the village of Mazan over a period of many years of their marriage.

Fifty other men were found convicted in a notable trial last year, and Dogan was the single defendant to contest his verdict. He was initially given a sentence to 9 years in prison, a punishment enhanced on Thursday to a decade.

The state's attorney, Dominique Sie, had argued he should serve twelve years, because he “completely denies to take any accountability”.

Evidence Presented

Dogan had first sent the husband graphic images and then driven an hour from his village in Provence to rape the victim, after informing his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from solitary confinement in prison to temporarily testify at the hearing, informed the court that Dogan had been aware his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a focus point for a wider discussion on rape culture in society as the defendant continued to claim he was innocent and had not committed rape, arguing that because Gisèle Pelicot’s husband had welcomed him into the residence, his actions had been justifiable.

The jury in the Nîmes appeals court was presented with visual proof of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a deep sleep, while a smiling the perpetrator committed rape multiple times over a period of what authorities reported was several hours. The presiding judge said she had been at peril of fatal outcome by asphyxiation. The state's case said there was no doubt that she had been incapacitated and had not consented.

Defendant's Statements

Dogan informed the court the videos were simply “sexual encounters” 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 the victim's husband had allowed him to the home, and therefore it was permissible. He said he was deceived by the husband. “I attempted to cease,” Dogan stated to the court. “I proceeded because he persuaded me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to harm that woman.”

Survivor's Statement

The victim, who was supported upon leaving court each day by crowds gathered to back her, said to Dogan in court: “You haven’t understood. When will you acknowledge you violated me? It’s a crime to assault an unaware woman. When did I ever give you consent? Never.”

Gisèle Pelicot, seventy-two, became an global icon after she gave up her right to privacy in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, addressing Gisèle Pelicot in court, said Dogan’s unwillingness to take responsibility showed that: “The shame remains. Society is possibly in the midst of that, perhaps driven by the public consciousness spurred by the revelation of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance was still common in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change rape culture to a culture of consent.”

The prosecutor said to Dogan: “As long as you deny it, it’s not just a woman, it’s an complete unpleasant societal structure that you are supporting.”

Defendant's Background

The accused was born in the country of Turkey and at the age of five came to the nation of France, where his parent worked as a building manager. The testimony revealed that his parent was aggressive and that Dogan began smoking cannabis aged 10. When Dogan was 17 he was stopped by authorities for dealing drugs and his parent kicked him out of home. He spent time in prison for trafficking in his twenties and had worked as a laborer but had undergone periods of being unhoused.

He was married and had a child with Down’s syndrome, who he was the main caregiver for, as his wife worked in a school canteen. The court heard his wife did not know he had regular intimate relations outside their marriage. His defence said this was his way of coping with his difficult circumstances. Dogan had stated to a court psychologist that each year he looked for paid sex on his birthday. His attorneys stated to the court he had a medical condition triggered by the pressure of the first trial.