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A man was declared guilty on retrial of raping Gisèle Pelicot after she was sedated by her spouse – and was given his prison sentence raised to a decade.

Higher Court Case

Dogan, forty-four, an out-of-work construction worker, who had contested his first conviction last year, underwent a retrial this week at the higher court in Nîmes.

A jury of five men and four women, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her residence in Provence in the early hours of 29 June 2019.

The evidence showed that Dogan, a married father, made contact with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an digital platform called “unbeknownst to her”, where the husband was seeking men to enter his residence to rape his wife once he had rendered her unconscious into a comatose state.

We trust the court will affirm that in this nation, fundamental rights are also women’s rights – that consent is individual, not delegated,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Permission is secured personally and not via a representative from a spouse.”

Context

The husband, one of the worst sexual predators in modern French history, was given a prison term to 20 years in prison last year for sedating his wife at the time and soliciting numerous individuals to rape her in her home in the community of Mazan over a period of almost a decade of their union.

Numerous other individuals were found culpable in a notable trial last year, and the appellant was the sole individual to appeal against his verdict. He was first given a sentence to nine years in prison, a punishment raised on Thursday to a decade.

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

Testimony and Proof

The defendant had first sent the husband inappropriate pictures and then traveled an hour from his residence in the region to rape the victim, after telling his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from isolation in prison to temporarily give evidence at the appeal trial, informed 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 abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a central issue for a wider discussion on sexual violence norms in society as Dogan continued to say he was blameless and had not committed rape, stating that because the victim's husband had allowed him into the residence, his conduct had been justifiable.

The panel in the higher court was shown recorded footage of the victim's unresponsive form, comatose and breathing heavily in a unconscious condition, while a smiling Dogan performed assault multiple times over a timeframe of what investigators stated was three and a half hours. The court official said she had been at risk of death by choking. The prosecution said there was absolute certainty that she had been unconscious and had not given permission.

Defendant's Statements

The defendant told the court the recordings were simply “sex scenes” and rejected 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 Gisèle Pelicot’s husband had allowed him to the house, and therefore it was OK. He said he was manipulated by the husband. “I tried to halt,” the accused informed the court. “I carried on because he persuaded me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I did not intend to injure that woman.”

Pelicot's Words

The survivor, who was applauded upon exiting the courtroom each day by supporters assembled to back her, told the defendant in court: “You do not grasp. When are you going to recognise you assaulted me? It’s a crime to rape an unconscious woman. When did I ever give you agreement? At no time.”

Gisèle Pelicot, 72, became an international feminist hero after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, addressing the victim in court, said Dogan’s refusal to take blame showed that: “Guilt has not shifted. Society is maybe in the process of that, possibly driven by the public consciousness resulting from the revelation of your case.”

The prosecutor said the defendant's claims of innocence showed how rape culture was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “Now we must change the culture of violence to a culture of consent.”

Sie addressed the defendant: “While you refuse to admit it, it’s not just a woman, it’s an whole unpleasant societal structure that you are supporting.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of five relocated to France, where his parent worked as a caretaker. The testimony revealed that his father was aggressive and that Dogan began smoking cannabis aged ten. When Dogan was seventeen he was caught by authorities for dealing drugs and his parent forced him to leave the residence. He spent time in prison for trafficking in his twenties and had worked as a laborer but had undergone periods of being unhoused.

He was married and had a son with special needs, who he was the primary guardian for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had frequent intimate relations beyond their union. His legal team said this was his way of coping with his challenging existence. Dogan had informed a mental health expert that annually he looked for transactional encounters on his special day. His legal representatives stated to the court he had arthritis caused by the stress of the initial proceedings.