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A man was declared guilty on retrial of raping Gisele Pelicot following she was drugged unconscious by her husband – and was given his jail term extended to 10 years.

Higher Court Case

The defendant, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, experienced a appeal hearing 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 raping the victim in her home in Provence in the early hours of 29 June 2019.

The testimony revealed that the accused, a family man, made contact with Gisèle Pelicot’s then husband, the husband, in an digital platform called “unbeknownst to her”, where the husband was looking for men to visit his house to rape his wife after he had sedated her into a comatose state.

We trust the jury will say loud and clear that in this society, human rights are also women’s rights – that agreement is personal, not transferred,” stated Gisèle Pelicot’s lawyer, her legal representative. “Consent is received personally and not by proxy from a spouse.”

Background

The ex-husband, a notorious sexual predators in recent French history, was sentenced to two decades in prison last year for sedating his then wife and inviting multiple perpetrators to sexually assault her in her home in the town of the village of Mazan over a span of many years of their marriage.

Dozens of additional defendants were found convicted in a notable trial last year, and the appellant was the only man to contest his conviction. He was initially given a sentence to nine years in prison, a penalty raised on Thursday to ten years.

The lead state prosecutor, the prosecutor, had argued he should serve twelve years, because he “absolutely refuses to take any accountability”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot graphic images and then driven an hour from his village in Provence to assault Gisèle Pelicot, after telling his wife he was leaving, the court heard.

Pelicot, who was transported from solitary confinement in prison to briefly provide testimony at the retrial, told the court that Dogan had been aware his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a key topic for a broader debate on sexual violence norms in society as Dogan continued to claim he was blameless and had not engaged in violation, contending that because the victim's husband had invited 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 snoring in a unconscious condition, while a smiling Dogan committed rape on several occasions over a duration of what authorities reported was three and a half hours. The presiding judge said she had been at risk of fatal outcome by choking. The state's case said there was no question that she had been incapacitated and had not given permission.

Defendant's Statements

Dogan told the court the footage were simply “intimate moments” and denied it was rape. He said what he did was “a sexual act”, not assault. He told the court: “I am innocent of assault.” He said the victim's husband had invited him to the residence, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” Dogan stated to the court. “I proceeded because he persuaded me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I did not intend to harm that woman.”

Victim's Response

The victim, who was supported upon departing the trial each day by crowds assembled to back her, told Dogan in court: “You do not grasp. When will you acknowledge you raped me? It’s a crime to assault an unconscious woman. At what point did I give you consent? At no time.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's refusal to take responsibility showed that: “The shame remains. Society is maybe in the process of that, maybe motivated by the societal understanding resulting from the publication of your situation.”

Sie said the defendant's claims of blamelessness showed how societal tolerance was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor said to the defendant: “For as much as you reject it, it’s not just a individual, it’s an entire disturbing cultural framework that you are upholding.”

Defendant's Background

Dogan was born in Turkey and at the age of five moved to France, where his father worked as a caretaker. The evidence indicated that his father was violent and that Dogan began smoking cannabis aged ten. When Dogan was seventeen he was apprehended by authorities for dealing drugs and his father kicked him out of home. He spent time in prison for drug dealing in his twenties and had worked as a laborer but had undergone periods of being unhoused.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his spouse worked in a school canteen. The court heard his spouse did not know he had regular intimate relations outside their union. His defence said this was his method of dealing with his stressful life. The defendant had stated to a mental health expert that once a year he looked for paid sex on his special day. His attorneys told the court he had joint inflammation resulting from the stress of the initial proceedings.