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A defendant was declared guilty on higher court review of sexually assaulting Gisele Pelicot after she was sedated by her then-husband – and was given his incarceration period increased to a decade.

Retrial Proceedings

The defendant, forty-four, an unemployed builder, who had appealed his first conviction last year, faced a retrial this week at the appeals court in Nîmes.

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

The testimony revealed that Dogan, a family man, made contact with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom called “unbeknownst to her”, where the husband was seeking men to come to his home to rape his wife once he had sedated her into a comatose state.

“We hope the jury will declare that in this society, fundamental rights are also rights of women – that consent is individual, not given by another,” said Gisèle Pelicot’s attorney, Antoine Camus. “Permission is obtained directly and not via a representative from a husband.”

Context

Dominique Pelicot, among the most severe sex offenders in recent French history, was given a prison term to twenty years in prison last year for drugging his then wife and inviting dozens of men to sexually assault her in her home in the Provence village of Mazan over a period of almost a decade of their union.

Numerous other individuals were found guilty in a widely publicized trial last year, and Dogan was the only man to challenge his sentence. He was initially given a sentence to nine years in prison, a sentence enhanced on Thursday to a decade.

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

Testimony and Proof

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

Pelicot, who was transported from segregation in prison to temporarily provide testimony at the hearing, stated to the court that the accused had understood his wife had been “sedated” and he communicated to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a key topic for a larger conversation on societal attitudes in society as the defendant continued to claim he was innocent and had not perpetrated assault, arguing that because the victim's husband had invited him into the room, his conduct had been justifiable.

The panel in the Nîmes appeals court was presented with video evidence of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a deep sleep, while a smiling Dogan engaged in violation on several occasions over a timeframe of what police said was three and a half hours. The court official said she had been at risk of death by choking. The state's case said there was no question that she had been unaware and had not consented.

Defendant's Statements

The defendant 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 told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I continued because he reassured me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I did not intend to harm that lady.”

Victim's Response

Gisèle Pelicot, who was cheered upon leaving court each day by supporters assembled to support her, addressed the defendant in court: “You do not grasp. When are you going to recognise you assaulted me? It is unlawful to assault an unaware woman. How could I have give you consent? At no time.”

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

Legal Commentary

Sie, turning to the victim in court, said the defendant's failure to take responsibility showed that: “Guilt has not shifted. Society is maybe in the midst of that, perhaps propelled by the societal understanding spurred by the exposure of your ordeal.”

The prosecutor said the defendant's claims of blamelessness showed how societal tolerance was still common in society as part of “archaic” forms of “male domination”. He said: “We need to change the culture of violence to a ethos of permission.”

The prosecutor addressed Dogan: “For as much as you deny it, it’s not just a person, it’s an entire disturbing societal structure that you are supporting.”

Defendant's Background

The accused was born in the country of Turkey and at the age of five relocated to France, where his father worked as a building manager. The testimony revealed that his parent was abusive and that the defendant began using drugs aged ten. When he was seventeen he was caught by authorities for dealing drugs and his father forced him to leave the family house. He served time in prison for drug dealing in his young adulthood and had worked as a builder but had experienced periods of homelessness.

He was married and had a son with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a school canteen. The testimony revealed his spouse did not know he had repeated sexual encounters outside their marriage. His defence said this was his strategy for managing with his stressful life. The defendant had informed a court psychologist that each year he engaged in paid sex on his birthday. His lawyers told the court he had arthritis resulting from the stress of the initial proceedings.