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An individual was declared guilty on appeal of raping Gisèle Pelicot following she was drugged unconscious by her husband – and received his prison sentence raised to a decade.

Retrial Proceedings

Dogan, 44, an unemployed builder, who had appealed his first conviction last year, faced a new trial this week at the higher court in Nîmes.

A panel of nine jurors, joined by three judges, found Dogan guilty on Thursday of raping Pelicot in her residence in the south of France in the early hours of June 29, 2019.

The evidence showed that Dogan, a family man, connected with Gisèle Pelicot’s husband at the time, the husband, in an online chatroom called “without her consent”, where the husband was seeking men to enter his residence to rape his wife once he had sedated her into a unconscious state.

We trust the court will declare that in this nation, human rights are also rights of women – that permission is individual, not transferred,” stated the victim's attorney, Antoine Camus. “Consent is obtained directly and not via a representative from a husband.”

Background

Dominique Pelicot, one of the worst sexual predators in modern French history, was sentenced to two decades in prison last year for incapacitating his then wife and soliciting multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a span of many years of their marriage.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and Dogan was the only man to challenge his conviction. He was originally sentenced to nine years in prison, a sentence raised on Thursday to a decade.

The state's attorney, the prosecutor, had contended he should serve 12 years, because he “completely denies to take any responsibility”.

Testimony and Proof

The defendant had initially sent the husband graphic images and then traveled an hour from his village in Provence to assault Gisèle Pelicot, after informing his wife he was going out, the evidence indicated.

The ex-husband, who was transported from segregation in prison to temporarily testify at the retrial, informed the court that the accused had known his wife had been “drugged” and he communicated to men by phone: “I seek someone to assault my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a key topic for a larger conversation on rape culture in society as the defendant continued to say he was innocent and had not committed rape, contending that because Gisèle Pelicot’s husband had invited him into the room, his behavior had been justifiable.

The panel in the Nîmes appeals court was displayed recorded footage of the victim's limp body, sedated and snoring in a comatose state, while a grinning the perpetrator committed rape repeatedly over a timeframe of what investigators stated was 3.5 hours. The 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 agreed.

Accused's Testimony

The defendant informed the court the videos were simply “sex scenes” and disputed it was assault. He said what he did was “an intimate behavior”, 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 OK. He said he was manipulated by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I carried on because he convinced me.”

Asked if he wanted to make a last words to the court, the defendant said: “I never wanted to harm that lady.”

Pelicot's Words

The survivor, who was cheered upon departing the trial each day by supporters assembled to back her, addressed the defendant in court: “You do not grasp. When are you going to recognise you assaulted me? It’s a crime to assault an unconscious woman. At what point did I give you consent? Never.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “Guilt has not shifted. The community is possibly in the midst of that, maybe motivated by the societal understanding spurred by the publication of your case.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change the culture of violence to a culture of consent.”

Sie said to the defendant: “While you reject it, it’s not just a woman, it’s an whole sordid social system that you are endorsing.”

Biographical Details

The accused was born in the country of Turkey and at the age of 5 came to the nation of France, where his father worked as a concierge. The evidence indicated that his parent was violent and that the defendant began consuming marijuana at the age of 10. When Dogan was 17 he was apprehended by police for dealing drugs and his father kicked him out 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 homelessness.

He was wed and had a son with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had frequent intimate relations beyond their union. His legal team said this was his method of dealing with his challenging existence. The defendant had stated to a court psychologist that annually he looked for paid sex on his birthday. His attorneys informed the court he had arthritis resulting from the pressure of the original case.