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A defendant has been found guilty on retrial of raping Gisele Pelicot following she was sedated by her then-husband – and has had his incarceration period extended to 10 years.

Appeal Trial

The defendant, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, underwent a new trial this week at the Nîmes court of appeal.

A panel of four women and five men, joined by three judges, convicted Dogan on Thursday of raping the victim in her bedroom in southern France in the early hours of June 29, 2019.

The testimony revealed that Dogan, a married father, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom titled “unbeknownst to her”, where the husband was looking for men to come to his home to rape his wife after he had drugged her into a unconscious state.

“We hope the panel will affirm that in this nation, human rights are also women’s rights – that agreement is personal, not transferred,” declared Gisèle Pelicot’s attorney, her legal representative. “Agreement is obtained directly and not via a representative from a husband.”

Context

Dominique Pelicot, one of the worst sex offenders in recent French history, was sentenced to 20 years in prison last year for incapacitating his then wife and inviting multiple perpetrators to rape her in her home in the town of the village of Mazan over a span of nearly ten years of their marriage.

Numerous other individuals were found culpable in a high-profile trial last year, and Dogan was the sole individual to challenge his sentence. He was initially given a sentence to nine years in prison, a sentence raised on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had argued he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot graphic images and then traveled an hour from his residence in Provence to rape the victim, after telling his wife he was stepping out, the testimony revealed.

Pelicot, who was brought from segregation in prison to briefly testify at the retrial, told the court that Dogan had known his wife had been “sedated” and he said to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a central issue for a wider discussion on sexual violence norms in society as Dogan continued to assert he was not guilty and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had welcomed him into the room, his conduct had been justifiable.

The panel in the higher court was displayed video evidence of Gisèle Pelicot’s unconscious figure, sedated and breathing heavily in a unconscious condition, while a grinning the perpetrator engaged in violation multiple times over a duration of what investigators stated was several hours. The judge said she had been at peril of death by choking. The state's case said there was no question that she had been incapacitated and had not consented.

Defendant's Statements

The defendant stated to the court the videos were simply “sex scenes” and rejected it was assault. He said what he did was “an intimate behavior”, not assault. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was acceptable. He said he was influenced by the husband. “I attempted to cease,” the accused informed the court. “I continued because he convinced me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to hurt that woman.”

Survivor's Statement

The survivor, who was supported upon leaving court each day by crowds present to support her, addressed Dogan in court: “You haven’t understood. When will you admit you raped me? It is illegal to rape an unaware woman. At what point did I give you agreement? Not once.”

The victim, 72, became an international feminist hero after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, turning to the victim in court, said the defendant's refusal to take accountability showed that: “Shame has not yet changed sides. The community is possibly in the process of that, maybe driven by the societal understanding spurred by the exposure of your situation.”

The prosecutor said the defendant's claims of non-guilt showed how societal tolerance was still widespread in society as part of “outdated” forms of “male domination”. He said: “Now we must change the culture of violence to a society based on agreement.”

The prosecutor said to Dogan: “For as much as you refuse to admit it, it’s not just a person, it’s an entire sordid societal structure that you are endorsing.”

Personal History

Dogan was originated from the country of Turkey and at the age of five came to the nation of France, where his father worked as a building manager. The evidence indicated that his father was abusive and that Dogan began smoking cannabis at the age of 10. When Dogan was seventeen he was apprehended by authorities for dealing drugs and his father evicted him of home. He spent time in prison for narcotics offenses in his twenties and had worked as a laborer but had undergone periods of living on the streets.

He was married and had a child with Down’s syndrome, who he was the principal carer for, as his wife worked in a institution's dining hall. The evidence showed his spouse did not know he had regular sexual encounters outside their marriage. His legal team said this was his strategy for managing with his stressful life. Dogan had told a court psychologist that annually he engaged in commercial sex on his special day. His attorneys told the court he had joint inflammation resulting from the anxiety of the original case.