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A man was declared guilty on retrial of raping Gisèle Pelicot after she was drugged unconscious by her husband – and received his prison sentence raised to a decade.

Appeal Trial

The defendant, 44, an unemployed builder, who had challenged his initial guilty verdict last year, underwent a new trial this week at the Nîmes court of appeal.

A jury of five men and four women, joined by three judges, ruled against Dogan on Thursday of raping the victim in her home in the south of France in the morning of 29 June 2019.

The evidence showed that Dogan, a married father, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform titled “without her consent”, where the husband was seeking men to visit his house to assault his wife once he had rendered her unconscious into a unconscious state.

We expect the jury will declare that in this society, human rights are also women’s rights – that permission is individual, not given by another,” declared the victim's lawyer, her legal representative. “Consent is received personally and not via a representative from a husband.”

Background

The ex-husband, among the most severe sex offenders in recent French history, was sentenced to twenty years in prison last year for drugging his spouse and inviting multiple perpetrators to sexually assault her in her home in the Provence village of the village of Mazan over a span of almost a decade of their union.

Dozens of additional defendants were found guilty in a notable trial last year, and Dogan was the only man to challenge his verdict. He was first sentenced to 9 years in prison, a punishment enhanced on Thursday to 10 years.

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

Courtroom Details

Dogan had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his village in the region to assault the victim, after notifying his wife he was going out, the evidence indicated.

The ex-husband, who was brought from solitary confinement in prison to briefly testify at the retrial, told the court that Dogan had known his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her knowledge.”

The proceedings became a central issue for a broader debate on sexual violence norms in society as the defendant continued to claim he was blameless and had not committed rape, contending that because the victim's husband had welcomed him into the residence, his behavior had been permissible.

The panel in the Nîmes appeals court was presented with recorded footage of Gisèle Pelicot’s limp body, comatose and snoring in a comatose state, while a smiling Dogan engaged in violation repeatedly over a duration of what authorities reported was three and a half hours. The court official said she had been at peril of death by suffocation. The state prosecution said there was absolute certainty that she had been unaware and had not consented.

Dogan's Claims

The defendant told the court the footage were simply “intimate moments” and rejected it was violation. He said what he did was “a consensual activity”, not assault. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was acceptable. He said he was influenced by the husband. “I attempted to cease,” Dogan told the court. “I proceeded because he reassured me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I had no desire to hurt that individual.”

Survivor's Statement

The victim, who was cheered upon leaving court each day by crowds present to back her, told the defendant in court: “You fail to comprehend. When will you admit you violated me? It is unlawful to rape an incapacitated woman. How could I have give you consent? Not once.”

The victim, seventy-two, became an global icon after she gave up her right to privacy in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, turning to the victim in court, said the defendant's failure to take accountability showed that: “The shame remains. The public is perhaps in the process of that, maybe driven by the public consciousness resulting from the exposure of your ordeal.”

Sie said the defendant's claims of blamelessness showed how societal tolerance was still common in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

The prosecutor told the defendant: “While you reject it, it’s not just a woman, it’s an complete disturbing societal structure that you are upholding.”

Personal History

Dogan was originated from the country of Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a caretaker. The court heard that his father was abusive and that Dogan began smoking cannabis aged 10. When Dogan was 17 he was caught by police for drug trafficking and his parent kicked him out of home. He was incarcerated in prison for drug dealing in his early 20s and had worked as a builder but had experienced periods of living on the streets.

He was married and had a child with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The evidence showed his wife did not know he had regular intimate relations beyond their marriage. His defence said this was his way of coping with his challenging existence. Dogan had told a mental health expert that each year he engaged in paid sex on his special day. His attorneys stated to the court he had joint inflammation resulting from the stress of the first trial.