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An individual has been found guilty on retrial of sexually assaulting Gisele Pelicot following she was rendered comatose by her then-husband – and has had his prison sentence raised to ten years.

Retrial Proceedings

Dogan, 44, 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 panel of five men and four women, sitting with three judges, ruled against Dogan on Thursday of raping Pelicot in her bedroom in southern France in the early hours of June 29, 2019.

The evidence showed that the accused, a married father, made contact with Gisèle Pelicot’s then husband, the husband, in an internet forum named “without her knowledge”, where Pelicot was recruiting men to come to his home to rape his wife after he had sedated her into a unconscious state.

“We hope the jury will say loud and clear that in this nation, fundamental rights are also rights of women – that permission is individual, not given by another,” stated the victim's lawyer, her legal representative. “Permission is received directly and not via a representative from a spouse.”

Background

The ex-husband, among the most severe sex offenders in recent French history, was sentenced to two decades 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 Mazan over a period of many years of their marriage.

Numerous other individuals were found convicted in a high-profile trial last year, and the appellant was the only man to contest his conviction. He was initially sentenced to nine years in prison, a penalty enhanced on Thursday to ten years.

The lead state prosecutor, the prosecutor, had stated he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

The defendant had first sent the husband inappropriate pictures and then driven an hour from his town in Provence to rape the victim, after informing his wife he was leaving, the testimony revealed.

Pelicot, who was brought from solitary confinement in prison to briefly give evidence at the retrial, stated to the court that the accused had been aware his wife had been “drugged” and he told to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a key topic for a wider discussion on sexual violence norms in society as Dogan continued to assert he was innocent and had not perpetrated assault, arguing that because the victim's husband had invited him into the residence, his actions had been justifiable.

The panel in the higher court was presented with visual proof of Gisèle Pelicot’s limp body, comatose and snoring in a deep sleep, while a grinning Dogan engaged in violation repeatedly over a duration of what police said was several hours. The court official said she had been at danger of fatal outcome by suffocation. The state's case said there was no question that she had been unconscious and had not agreed.

Defendant's Statements

Dogan stated to the court the recordings were simply “sexual encounters” and denied it was rape. He said what he did was “a sexual act”, not rape. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was OK. He said he was manipulated by the husband. “I wanted to stop,” Dogan informed the court. “I continued because he persuaded me.”

Asked if he wanted to make a last words to the court, the defendant said: “I had no desire to harm that lady.”

Victim's Response

The victim, who was supported upon exiting the courtroom each day by crowds present to stand with her, addressed Dogan in court: “You fail to comprehend. When will you admit you violated me? It is illegal to assault an unaware woman. How could I have give you consent? Never.”

Gisèle Pelicot, seventy-two, became an symbol of resistance 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 the defendant's unwillingness to take responsibility showed that: “Guilt has not shifted. The public is maybe in the process of that, possibly propelled by the societal understanding brought by the revelation of your situation.”

Sie said the defendant's claims of innocence showed how societal tolerance was still common in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor said to Dogan: “While you refuse to admit it, it’s not just a woman, it’s an complete unpleasant cultural framework that you are endorsing.”

Biographical Details

The accused was born in the country of Turkey and at the age of five came to France, where his parent worked as a concierge. The court heard that his father was aggressive and that the defendant began smoking cannabis at the age of 10. When Dogan was 17 he was apprehended by police for dealing drugs and his father evicted him of home. He spent time in prison for drug dealing in his young adulthood and had worked as a builder but had undergone periods of being unhoused.

He was wed and had a child with special needs, who he was the main caregiver for, as his wife worked in a institution's dining hall. The evidence showed his spouse did not know he had frequent extramarital activities beyond their union. His defence said this was his way of coping with his difficult circumstances. Dogan had told a mental health expert that annually he looked for commercial sex on his birthday. His lawyers told the court he had joint inflammation triggered by the stress of the first trial.