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An individual was declared guilty on retrial of raping Gisèle Pelicot following she was sedated by her then-husband – and was given his prison sentence increased to ten years.

Retrial Proceedings

Dogan, forty-four, 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 nine jurors, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her residence in Provence in the morning of 29 June 2019.

The court heard that Dogan, a married father, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum named “without her consent”, where the husband was looking for men to come to his home to assault his wife after he had sedated her into a unconscious state.

“We hope the panel will say loud and clear that in this nation, human rights are also rights of women – that agreement is individual, not given by another,” declared the victim's attorney, her legal representative. “Permission is obtained directly and not through someone else from a husband.”

Context

The ex-husband, among the most severe sex offenders in France's contemporary records, was sentenced to two decades in prison last year for incapacitating his wife at the time and bringing in numerous individuals to sexually assault her in her home in the town of the village of Mazan over a period of nearly ten years of their marriage.

Dozens of additional defendants were found guilty in a notable trial last year, and the appellant was the sole individual to challenge his verdict. He was initially given a sentence to nine years in prison, a punishment increased on Thursday to 10 years.

The chief prosecutor, the prosecutor, had contended he should serve twelve years, because he “completely denies to take any responsibility”.

Evidence Presented

Dogan had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his residence in Provence to rape the victim, after notifying his wife he was going out, the evidence indicated.

The ex-husband, who was transported from solitary confinement in prison to temporarily provide testimony at the hearing, stated to the court that the accused had understood his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a central issue for a wider discussion on rape culture in society as Dogan continued to claim he was blameless and had not committed rape, contending that because the victim's husband had invited him into the room, his behavior had been acceptable.

The panel in the Nîmes appeals court was displayed video evidence of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a comatose state, while a grinning the perpetrator engaged in violation on several occasions over a period of what investigators stated was 3.5 hours. The judge said she had been at risk of death by asphyxiation. The state's case said there was no question that she had been unaware and had not given permission.

Dogan's Claims

Dogan stated to the court the footage were simply “sex scenes” and rejected it was assault. He said what he did was “a consensual activity”, not rape. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was acceptable. He said he was deceived 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 closing remarks to the court, Dogan said: “I had no desire to injure that lady.”

Survivor's Statement

The victim, who was supported upon exiting the courtroom each day by crowds gathered to stand with her, told Dogan in court: “You haven’t understood. When will you admit you assaulted me? It’s a crime to assault an unconscious woman. At what point did I give you agreement? Never.”

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

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “Guilt has not shifted. Society is perhaps in the process of that, possibly propelled by the public consciousness resulting from the exposure of your case.”

The prosecutor said Dogan’s claims of blamelessness showed how normalized violence was still widespread in society as part of “archaic” forms of “patriarchal control”. He said: “Now we must change rape culture to a culture of consent.”

The prosecutor said to Dogan: “As long as you refuse to admit it, it’s not just a woman, it’s an complete sordid cultural framework that you are supporting.”

Defendant's Background

The accused was originated from Turkey and at the age of 5 moved to France, where his father worked as a caretaker. The court heard that his parent was violent and that Dogan began consuming marijuana at the age of 10. When Dogan was 17 he was apprehended by police for dealing drugs and his father evicted him the family house. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a construction worker but had faced periods of living on the streets.

He was married and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a school canteen. The evidence showed his spouse did not know he had repeated extramarital activities outside their marriage. His legal team said this was his method of dealing with his challenging existence. Dogan had stated to a court psychologist that annually he sought commercial sex on his special day. His attorneys informed the court he had joint inflammation caused by the stress of the first trial.