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A defendant was declared guilty on retrial of raping Gisele Pelicot after she was drugged unconscious by her husband – and has had his jail term raised to 10 years.

Appeal Trial

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 panel of five men and four women, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her bedroom in Provence in the morning of June 29, 2019.

The court heard that Dogan, a married father, reached out to Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an internet forum titled “without her consent”, where the husband was recruiting men to visit his house to rape his wife once he had rendered her unconscious into a deep sleep.

We trust the jury will affirm that in this country, human rights are also rights of women – that permission is personal, not given by another,” stated Gisèle Pelicot’s attorney, her legal representative. “Agreement is secured personally and not through someone else from a spouse.”

Background

The husband, one of the worst sexual predators in France's contemporary records, was sentenced to 20 years in prison last year for incapacitating his then wife and inviting dozens of men to rape her in her home in the community of Mazan over a duration of almost a decade of their marriage.

Numerous other individuals were found guilty in a notable trial last year, and Dogan was the single defendant to appeal against his sentence. He was originally sentenced to 9 years in prison, a penalty raised on Thursday to ten years.

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

Testimony and Proof

The defendant had first sent Dominique Pelicot graphic images and then driven an hour from his village in Provence to assault the victim, after telling his wife he was leaving, the testimony revealed.

Pelicot, who was transported from isolation in prison to briefly testify at the retrial, stated to the court that Dogan had known his wife had been “sedated” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a key topic for a broader debate on rape culture in society as Dogan continued to say he was blameless and had not perpetrated assault, contending that because the victim's husband had welcomed him into the residence, his behavior had been permissible.

The jury in the Nîmes appeals court was shown visual proof of the victim's unresponsive form, comatose and breathing heavily in a unconscious condition, while a smiling Dogan performed assault on several occasions over a period of what authorities reported was several hours. The court official said she had been at peril of fatal outcome by choking. The prosecution said there was absolute certainty that she had been unconscious and had not agreed.

Defendant's Statements

Dogan stated to the court the videos were simply “sexual encounters” and denied it was assault. He said what he did was “a consensual activity”, not rape. He declared the court: “I did not commit rape.” He said the victim's husband had invited him to the residence, and therefore it was acceptable. He said he was influenced by the husband. “I wanted to stop,” the accused stated to the court. “I proceeded because he reassured me.”

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

Pelicot's Words

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by onlookers gathered to back her, addressed Dogan in court: “You do not grasp. When are you going to recognise you raped me? It’s a crime to rape an unconscious woman. At what point did I give you agreement? Not once.”

The victim, 72, became an symbol of resistance after she gave up her right to privacy in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, speaking to the victim in court, said the defendant's refusal to take responsibility showed that: “The shame remains. The public is maybe in the midst of that, possibly propelled by the public consciousness spurred by the publication of your case.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still prevalent in society as part of “outdated” forms of “male domination”. He said: “Now we must change the culture of violence to a culture of consent.”

The prosecutor addressed Dogan: “While you reject it, it’s not just a person, it’s an whole unpleasant societal structure that you are upholding.”

Defendant's Background

The accused was originated from Turkey and at the age of five moved to the nation of France, where his father worked as a concierge. The evidence indicated that his father was abusive and that Dogan began smoking cannabis aged ten. When he was seventeen he was apprehended by authorities for drug trafficking and his parent evicted him of home. He served time in prison for trafficking in his young adulthood and had worked as a builder but had undergone periods of living on the streets.

He was married and had a son with special needs, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The evidence showed his spouse did not know he had repeated extramarital activities outside their marriage. His defence said this was his method of dealing with his difficult circumstances. The defendant had informed a mental health expert that each year he engaged in paid sex on his special day. His lawyers informed the court he had joint inflammation caused by the anxiety of the first trial.