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An individual has been found guilty on retrial of raping Gisele Pelicot following she was drugged unconscious by her then-husband – and received his prison sentence increased to ten years.

Retrial Proceedings

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

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

The testimony revealed that the accused, a family man, connected with Gisèle Pelicot’s husband at the time, the husband, in an online chatroom called “without her consent”, where Pelicot was looking for men to enter his residence to assault his wife once he had sedated her into a unconscious state.

We expect the panel will affirm that in this society, fundamental rights are also women’s rights – that consent is individual, not delegated,” stated Gisèle Pelicot’s attorney, her legal representative. “Permission is obtained directly and not by proxy from a spouse.”

Context

The ex-husband, a notorious sexual predators in France's contemporary records, was sentenced to twenty years in prison last year for incapacitating his wife at the time and inviting multiple perpetrators to sexually assault her in her home in the town of the village of Mazan over a duration of almost a decade of their marriage.

Numerous other individuals were found culpable in a notable trial last year, and the appellant was the single defendant to contest his verdict. He was originally handed a term to nine years in prison, a sentence increased on Thursday to ten years.

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

Evidence Presented

Dogan had first sent the husband graphic images and then driven an hour from his residence in the region to assault the victim, after telling his wife he was going out, the court heard.

Pelicot, who was transported from segregation in prison to temporarily testify at the hearing, stated to the court that the accused had understood his wife had been “incapacitated” 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 the defendant continued to assert he was blameless and had not committed rape, contending that because Gisèle Pelicot’s husband had welcomed him into the residence, his conduct had been justifiable.

The panel in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a comatose state, while a smiling Dogan performed assault repeatedly over a duration of what investigators stated was several hours. The judge said she had been at risk of fatal outcome by suffocation. The state's case said there was no doubt that she had been unconscious and had not consented.

Accused's Testimony

Dogan informed the court the videos were simply “sexual encounters” and denied it was rape. He said what he did was “a sexual act”, not rape. He told the court: “I am innocent of assault.” He said the victim's husband had brought him to the home, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan informed the court. “I carried on because he reassured me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I did not intend to hurt that individual.”

Victim's Response

The survivor, who was cheered upon departing the trial each day by crowds present to back her, said to the defendant in court: “You fail to comprehend. When will you acknowledge you raped me? It’s a crime to rape an unaware woman. When did I ever give you permission? Not once.”

The victim, seventy-two, became an international feminist hero after she relinquished her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, addressing the victim in court, said the defendant's refusal to take blame showed that: “The shame remains. Society is maybe in the midst of that, perhaps propelled by the societal understanding brought by the exposure of your situation.”

The prosecutor said the defendant's claims of innocence showed how rape culture was still common in society as part of “outdated” forms of “gender-based power”. He said: “We need to change the culture of violence to a culture of consent.”

The prosecutor addressed Dogan: “While you reject it, it’s not just a individual, it’s an entire sordid social system that you are supporting.”

Defendant's Background

The accused was born in the country of Turkey and at the age of five relocated to the nation of France, where his parent worked as a caretaker. The testimony revealed that his father was aggressive and that Dogan began using drugs aged ten. When he was 17 he was caught by authorities for selling narcotics and his parent forced him to leave the family house. He served time in prison for narcotics offenses in his early 20s and had worked as a laborer but had experienced periods of being unhoused.

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 frequent intimate relations outside their marriage. His legal team said this was his way of coping with his challenging existence. Dogan had stated to a court psychologist that annually he sought paid sex on his special day. His attorneys informed the court he had arthritis caused by the stress of the first trial.