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An individual was declared guilty on retrial of raping Gisele Pelicot following she was drugged unconscious by her then-husband – and has had his incarceration period increased to a decade.

Appeal Trial

The defendant, 44, an unemployed builder, who had appealed his first conviction last year, underwent a retrial this week at the higher court in Nîmes.

A panel of nine jurors, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her home in southern France in the morning of 29 June 2019.

The testimony revealed that Dogan, a family man, made contact with the victim's then husband, the husband, in an internet forum named “without her knowledge”, where the husband was looking for men to come to his home to assault his wife after he had rendered her unconscious into a unconscious state.

We expect the panel will say loud and clear that in this country, fundamental rights are also rights of women – that consent is individual, not delegated,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Consent is secured personally and not via a representative from a spouse.”

Context

Dominique Pelicot, among the most severe sex offenders in France's contemporary records, was handed a sentence to 20 years in prison last year for drugging his wife at the time and soliciting dozens of men to rape her in her home in the Provence village of the village of Mazan over a period of almost a decade of their marriage.

Numerous other individuals were found convicted in a notable trial last year, and the appellant was the single defendant to appeal against his sentence. He was initially sentenced to nine years in prison, a sentence raised on Thursday to 10 years.

The state's attorney, Dominique Sie, had stated he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Evidence Presented

Dogan had initially sent the husband sexually explicit photos and then traveled an hour from his residence in the region to assault the victim, after informing his wife he was stepping out, the evidence indicated.

The ex-husband, who was brought from segregation in prison to temporarily testify at the appeal trial, stated to the court that the accused had known his wife had been “sedated” and he said to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a key topic for a broader debate on sexual violence norms in society as Dogan continued to claim he was blameless and had not committed rape, contending that because the victim's husband had welcomed him into the bedroom, his behavior had been acceptable.

The panel in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s limp body, sedated and breathing heavily in a deep sleep, while a grinning Dogan engaged in violation multiple times over a period of what police said was 3.5 hours. The court official said she had been at risk of fatal outcome by choking. The state prosecution said there was no doubt that she had been unconscious and had not consented.

Dogan's Claims

The defendant stated to the court the recordings were simply “sexual encounters” and denied it was rape. He said what he did was “a sexual act”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” Dogan told the court. “I carried on 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.”

Victim's Response

The survivor, who was applauded upon exiting the courtroom each day by supporters present to back her, told the defendant in court: “You do not grasp. When will you admit you assaulted me? It is illegal to assault an unconscious woman. At what point did I give you consent? At no time.”

The victim, 72, became an global icon after she waived her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “The shame remains. The public is perhaps in the course of that, maybe motivated by the societal understanding resulting from the revelation of your situation.”

The prosecutor said the defendant's claims of innocence showed how normalized violence was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “Now we must change rape culture to a society based on agreement.”

Sie addressed Dogan: “As long as you refuse to admit it, it’s not just a person, it’s an entire sordid cultural framework that you are supporting.”

Personal History

Dogan was originated from Turkey and at the age of 5 came to the nation of France, where his father worked as a concierge. The court heard that his parent was aggressive and that the defendant began smoking cannabis at the age of ten. When Dogan was 17 he was stopped by police for selling narcotics and his father forced him to leave the family house. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a laborer but had faced periods of homelessness.

He was married and had a child with Down’s syndrome, who he was the principal carer for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had regular extramarital activities outside their marriage. His defence said this was his way of coping with his challenging existence. Dogan had told a evaluator that each year he engaged in commercial sex on his special day. His lawyers told the court he had joint inflammation resulting from the stress of the original case.