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A defendant was convicted on retrial of sexually assaulting Gisele Pelicot following she was rendered comatose by her spouse – and was given his prison sentence extended to 10 years.

Appeal Trial

Dogan, forty-four, an out-of-work construction worker, who had challenged his first conviction last year, experienced a retrial this week at the higher court in Nîmes.

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

The evidence showed that Dogan, a married father, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom called “without her consent”, where Pelicot was recruiting men to come to his home to assault his wife once he had drugged her into a unconscious state.

“We hope the jury will say loud and clear that in this country, human rights are also women’s rights – that agreement is individual, not transferred,” stated Gisèle Pelicot’s attorney, her legal representative. “Permission is secured personally and not by proxy from a spouse.”

Case History

The ex-husband, one of the worst sex offenders in modern French history, was given a prison term to two decades in prison last year for drugging his spouse and inviting numerous individuals to sexually assault her in her home in the town of the village of Mazan over a span of many years of their union.

Dozens of additional defendants were found convicted in a high-profile trial last year, and Dogan was the single defendant to contest his verdict. He was initially sentenced to 9 years in prison, a sentence raised on Thursday to 10 years.

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

Courtroom Details

The defendant had first sent the husband sexually explicit photos and then driven an hour from his town in Provence to rape the victim, after informing his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from isolation in prison to temporarily give evidence at the retrial, told the court that the accused had known 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 knowledge.”

The courtroom became a central issue for a broader debate on rape culture in society as Dogan continued to assert he was innocent and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had welcomed him into the residence, his actions had been justifiable.

The jury in the higher court was presented with recorded footage of the victim's limp body, sedated and snoring in a unconscious condition, while a smiling Dogan committed rape multiple times over a period of what police said was 3.5 hours. The judge said she had been at risk of fatal outcome by choking. The state prosecution said there was no doubt that she had been unconscious and had not agreed.

Dogan's Claims

Dogan informed the court the footage were simply “sexual encounters” and rejected it was rape. He said what he did was “a sexual act”, not rape. He told the court: “I am innocent of assault.” He said the victim's husband had allowed him to the home, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I carried on because he persuaded me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I had no desire to harm that individual.”

Victim's Response

The survivor, who was cheered upon leaving court each day by crowds gathered to stand with her, addressed the defendant in court: “You do not grasp. When will you admit you assaulted me? It is illegal to assault an unconscious woman. At what point did I give you agreement? At no time.”

The victim, 72, became an global icon after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, speaking to the victim in court, said the defendant's unwillingness to take blame showed that: “The shame remains. Society is possibly in the midst of that, perhaps propelled by the public consciousness resulting from the revelation of your situation.”

Sie said the defendant's claims of innocence showed how societal tolerance was still prevalent in society as part of “archaic” forms of “male domination”. He said: “Now we must change the culture of violence to a society based on agreement.”

The prosecutor addressed the defendant: “As long as you deny it, it’s not just a individual, it’s an entire sordid cultural framework that you are upholding.”

Personal History

Dogan was originated from the country of Turkey and at the age of 5 moved to the nation of France, where his father worked as a building manager. The evidence indicated that his parent was aggressive and that Dogan began smoking cannabis aged ten. When Dogan was seventeen he was stopped by authorities for dealing drugs and his father kicked him out the family house. He was incarcerated in prison for trafficking in his young adulthood and had worked as a laborer but had faced periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the main caregiver for, as his wife worked in a institution's dining hall. The testimony revealed his wife did not know he had regular extramarital activities beyond their marriage. His legal team said this was his method of dealing with his stressful life. The defendant had told a court psychologist that annually he engaged in transactional encounters on his birthday. His attorneys informed the court he had joint inflammation resulting from the stress of the initial proceedings.