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A man was declared guilty on retrial of raping Gisèle Pelicot following she was drugged unconscious by her husband – and received his incarceration period extended to 10 years.

Retrial Proceedings

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

A panel of four women and five men, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her residence in Provence in the early hours of June 29, 2019.

The evidence showed that the accused, a family man, reached out to Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum named “unbeknownst to her”, where the husband was recruiting men to enter his residence to rape his wife after he had drugged her into a comatose state.

We trust the panel will affirm that in this nation, human rights are also rights of women – that consent is individual, not transferred,” stated the victim's lawyer, her legal representative. “Agreement is secured directly and not through someone else from a spouse.”

Context

The husband, one of the worst sexual predators in France's contemporary records, was sentenced to two decades in prison last year for drugging his spouse and soliciting multiple perpetrators 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 culpable in a high-profile trial last year, and the appellant was the only man to contest his conviction. He was initially sentenced to nine years in prison, a sentence raised on Thursday to 10 years.

The chief prosecutor, the prosecutor, had contended he should serve twelve years, because he “absolutely refuses to take any accountability”.

Evidence Presented

Dogan had initially sent the husband sexually explicit photos and then traveled an hour from his village in Provence to rape the victim, after telling his wife he was leaving, the evidence indicated.

Pelicot, who was transported from segregation in prison to temporarily testify at the retrial, stated to the court that Dogan had understood his wife had been “drugged” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a central issue for a wider discussion on sexual violence norms in society as the defendant continued to say he was blameless and had not engaged in violation, stating that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his behavior had been permissible.

The jury in the higher court was displayed recorded footage of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a comatose state, while a smiling Dogan performed assault multiple times over a duration of what investigators stated was several hours. The judge said she had been at danger of death by asphyxiation. The state's case said there was absolute certainty that she had been unconscious and had not agreed.

Dogan's Claims

Dogan stated to the court the videos were simply “sexual encounters” and disputed it was rape. He said what he did was “a consensual activity”, not assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was acceptable. He said he was deceived by the husband. “I wanted to stop,” the accused informed the court. “I continued because he convinced me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I had no desire to harm that woman.”

Victim's Response

The victim, who was cheered upon departing the trial each day by onlookers gathered to support her, said to Dogan in court: “You haven’t understood. When will you acknowledge you assaulted me? It is illegal to rape an incapacitated woman. How could I have give you permission? At no time.”

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

Legal Commentary

The prosecutor, addressing the victim in court, said Dogan’s failure to take responsibility showed that: “Guilt has not shifted. Society is maybe in the course of that, maybe propelled by the collective awareness spurred by the exposure of your ordeal.”

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

Sie addressed the defendant: “For as much as you reject it, it’s not just a woman, it’s an complete disturbing societal structure that you are endorsing.”

Biographical Details

The accused was originated from the country of Turkey and at the age of 5 moved to the nation of France, where his parent worked as a caretaker. The court heard that his parent was violent and that the defendant began using drugs aged 10. When he was 17 he was stopped by authorities for drug trafficking and his parent kicked him out the residence. He served time in prison for drug dealing in his early 20s and had worked as a construction worker but had experienced periods of living on the streets.

He was married and had a son with special needs, who he was the principal carer for, as his spouse worked in a school canteen. The evidence showed his spouse did not know he had repeated sexual encounters outside their marriage. His legal team said this was his method of dealing with his difficult circumstances. The defendant had stated to a court psychologist that annually he looked for paid sex on his birthday. His lawyers informed the court he had joint inflammation triggered by the stress of the initial proceedings.