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An individual has been found guilty on retrial of raping Gisèle Pelicot following she was drugged unconscious by her then-husband – and received his prison sentence raised to a decade.

Appeal Trial

The defendant, 44, an out-of-work construction worker, who had contested his first conviction last year, faced a new trial this week at the Nîmes court of appeal.

A jury of five men and four women, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her bedroom in the south of France in the early hours of June 29, 2019.

The court heard that Dogan, a family man, made contact with the victim's then husband, Dominique Pelicot, in an digital platform titled “without her consent”, where the husband was seeking men to come to his home to assault his wife after he had sedated her into a unconscious state.

“We hope the court will affirm that in this society, human rights are also rights of women – that permission is personal, not transferred,” said the victim's attorney, her legal representative. “Permission is received personally and not via a representative from a spouse.”

Background

The husband, a notorious sexual predators in France's contemporary records, was given a prison term to 20 years in prison last year for incapacitating his wife at the time and bringing in dozens of men to sexually assault her in her home in the community of Mazan over a period of almost a decade of their union.

Dozens of additional defendants were found convicted in a notable trial last year, and Dogan was the only man to contest his conviction. He was first handed a term to 9 years in prison, a sentence raised on Thursday to 10 years.

The state's attorney, Dominique Sie, had contended he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his town in the region to assault Gisèle Pelicot, after informing his wife he was going out, the court heard.

Pelicot, who was transported from solitary confinement in prison to briefly give evidence at the hearing, informed the court that the accused had understood his wife had been “sedated” and he said to men by phone: “I want someone to assault my wife after I’ve sedated her unbeknownst to her.”

The trial became a focus point for a broader debate on rape culture in society as the defendant continued to claim he was not guilty and had not committed rape, stating that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his conduct had been permissible.

The panel in the Nîmes appeals court was presented with video evidence of Gisèle Pelicot’s unresponsive form, comatose and breathing heavily in a deep sleep, while a grinning Dogan committed rape repeatedly over a timeframe of what police said was three and a half hours. The court official said she had been at risk of fatal outcome by suffocation. The prosecution said there was no doubt that she had been unconscious and had not consented.

Accused's Testimony

The defendant stated to the court the footage were simply “sex scenes” and denied it was violation. He said what he did was “an intimate behavior”, not rape. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused informed the court. “I continued because he persuaded me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I never wanted to harm that woman.”

Pelicot's Words

The victim, who was applauded upon exiting the courtroom each day by onlookers gathered to stand with her, addressed Dogan in court: “You fail to comprehend. When will you admit you raped me? It’s a crime to rape an unconscious woman. How could I have give you agreement? Not once.”

The victim, seventy-two, became an global icon after she waived her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, speaking to the victim in court, said the defendant's refusal to take responsibility showed that: “The shame remains. Society is perhaps in the midst of that, perhaps propelled by the public consciousness brought by the revelation of your situation.”

The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “gender-based power”. He said: “Now we must change rape culture to a culture of consent.”

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

Personal History

Dogan was born in the country of Turkey and at the age of five moved to France, where his parent worked as a concierge. The court heard that his father was violent and that Dogan began using drugs at the age of ten. When Dogan was 17 he was apprehended by authorities for drug trafficking and his father kicked him out the family house. He spent time in prison for drug dealing in his young adulthood and had worked as a construction worker but had undergone periods of living on the streets.

He was wed and had a child with special needs, who he was the main caregiver for, as his wife worked in a institution's dining hall. The court heard his wife did not know he had frequent intimate relations beyond their union. His legal team said this was his method of dealing with his challenging existence. Dogan had stated to a mental health expert that once a year he engaged in commercial sex on his special day. His lawyers informed the court he had arthritis triggered by the pressure of the initial proceedings.