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An individual was declared guilty on retrial of raping Gisele Pelicot after she was sedated by her then-husband – and has had his incarceration period extended to 10 years.

Higher Court Case

The defendant, 44, an unemployed builder, who had challenged his initial guilty verdict last year, underwent a new trial this week at the appeals court in Nîmes.

A jury of nine jurors, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her home in southern France in the early hours of June 29, 2019.

The court heard that the accused, a family man, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom called “without her knowledge”, where Pelicot was looking for men to come to his home to rape his wife after he had rendered her unconscious into a deep sleep.

We trust the court will affirm that in this nation, fundamental rights are also women’s rights – that agreement is individual, not given by another,” said Gisèle Pelicot’s attorney, her legal representative. “Consent is obtained directly and not via a representative from a spouse.”

Context

The ex-husband, one of the worst sexual predators in modern French history, was handed a sentence to two decades in prison last year for incapacitating his wife at the time and soliciting dozens of men to rape her in her home in the town of Mazan over a duration of many years of their union.

Numerous other individuals were found culpable in a widely publicized trial last year, and the appellant was the sole individual to contest his conviction. He was first sentenced to nine years in prison, a punishment increased on Thursday to 10 years.

The state's attorney, Dominique Sie, had argued he should serve 12 years, because he “stubbornly rejects to take any blame”.

Courtroom Details

The defendant had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his village in Provence to rape Gisèle Pelicot, after telling his wife he was going out, the evidence indicated.

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

The proceedings became a key topic for a wider discussion on rape culture in society as Dogan continued to assert he was not guilty and had not perpetrated assault, stating that because the victim's husband had welcomed him into the bedroom, his actions had been justifiable.

The panel in the higher court was presented with video evidence of the victim's limp body, comatose and snoring in a deep sleep, while a grinning Dogan performed assault repeatedly over a duration of what investigators stated was three and a half hours. The presiding judge said she had been at peril of fatal outcome by choking. The state prosecution said there was no doubt that she had been incapacitated and had not given permission.

Defendant's Statements

Dogan stated to the court the footage were simply “sexual encounters” and denied it was violation. He said what he did was “a consensual activity”, not rape. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was acceptable. He said he was deceived by the husband. “I attempted to cease,” the accused stated to the court. “I continued because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to hurt that lady.”

Pelicot's Words

Gisèle Pelicot, who was supported upon leaving court each day by crowds gathered to stand with her, told Dogan in court: “You haven’t understood. When are you going to recognise you violated me? It is unlawful to rape an incapacitated woman. When did I ever give you permission? At no time.”

The victim, 72, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, addressing the victim in court, said Dogan’s refusal to take responsibility showed that: “Shame has not yet changed sides. Society is perhaps in the course of that, possibly motivated by the collective awareness brought by the exposure of your situation.”

Sie said Dogan’s claims of non-guilt showed how normalized violence was still common in society as part of “outdated” forms of “male domination”. He said: “We need to change the culture of violence to a culture of consent.”

Sie told the defendant: “As long as you refuse to admit it, it’s not just a person, it’s an complete unpleasant societal structure that you are supporting.”

Personal History

The accused was born in the country of Turkey and at the age of five moved to France, where his parent worked as a caretaker. The testimony revealed that his parent was violent and that Dogan began consuming marijuana aged 10. When he was seventeen he was stopped by authorities for drug trafficking and his father kicked him out the family house. He served time in prison for narcotics offenses in his early 20s and had worked as a construction worker but had experienced periods of being unhoused.

He was wed and had a son with Down’s syndrome, who he was the principal carer for, as his wife worked in a institution's dining hall. The testimony revealed his spouse did not know he had regular extramarital activities outside their marriage. His defence said this was his way of coping with his stressful life. The defendant had informed a court psychologist that each year he engaged in paid sex on his birthday. His lawyers stated to the court he had joint inflammation triggered by the anxiety of the original case.