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A defendant was declared guilty on retrial of raping Gisèle Pelicot after she was drugged unconscious by her husband – and received his jail term extended to a decade.

Retrial Proceedings

The defendant, forty-four, an unemployed builder, who had contested his initial guilty verdict last year, experienced a new trial this week at the Nîmes court of appeal.

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

The testimony revealed that Dogan, a married father, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an online chatroom titled “without her consent”, where Pelicot was looking for men to visit his house to rape his wife after he had sedated her into a deep sleep.

“We hope the jury will declare that in this nation, fundamental rights are also women’s rights – that consent is personal, not given by another,” declared the victim's attorney, her legal representative. “Consent is obtained personally and not by proxy from a spouse.”

Context

The ex-husband, 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 spouse and inviting dozens of men to rape her in her home in the town of Mazan over a span of many years of their union.

Dozens of additional defendants were found guilty in a widely publicized trial last year, and the appellant was the single defendant to challenge his verdict. He was initially handed a term to nine years in prison, a sentence raised on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had stated he should serve 12 years, because he “completely denies to take any responsibility”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his town in Provence to assault the victim, after notifying his wife he was stepping out, the court heard.

Pelicot, who was transported from isolation in prison to temporarily testify at the appeal trial, informed the court that the accused had known his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a key topic for a larger conversation on societal attitudes in society as Dogan continued to say he was not guilty and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had allowed him into the residence, his conduct had been permissible.

The panel in the Nîmes appeals court was displayed visual proof of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a unconscious condition, while a smiling Dogan committed rape repeatedly over a duration of what investigators stated was several hours. The presiding judge said she had been at danger of death by choking. The state's case said there was no doubt that she had been unconscious and had not given permission.

Defendant's Statements

Dogan stated to the court the recordings were simply “intimate moments” and disputed it was rape. He said what he did was “a consensual activity”, not assault. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I continued because he reassured me.”

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

Pelicot's Words

The victim, who was supported upon exiting the courtroom each day by supporters gathered to support her, told Dogan in court: “You do not grasp. When are you going to recognise you raped me? It is unlawful to rape an unconscious woman. How could I have give you consent? Never.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, addressing Gisèle Pelicot in court, said the defendant's refusal to take blame showed that: “Shame has not yet changed sides. The community is maybe in the course of that, maybe driven by the public consciousness resulting from the exposure of your case.”

The prosecutor said Dogan’s claims of non-guilt showed how normalized violence was still widespread in society as part of “archaic” forms of “male domination”. He said: “We need to change rape culture to a ethos of permission.”

The prosecutor said to the defendant: “For as much as you reject it, it’s not just a person, it’s an entire disturbing societal structure that you are supporting.”

Biographical Details

Dogan was originated from Turkey and at the age of five came to the nation of France, where his father worked as a caretaker. The evidence indicated that his parent was violent and that the defendant began consuming marijuana at the age of ten. When Dogan was 17 he was caught by police for selling narcotics and his parent kicked him out the family house. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a construction worker but had experienced periods of living on the streets.

He was married and had a son with special needs, who he was the primary guardian for, as his spouse worked in a school canteen. The testimony revealed his spouse did not know he had frequent intimate relations outside their union. His legal team said this was his strategy for managing with his difficult circumstances. The defendant had stated to a evaluator that each year he looked for transactional encounters on his special day. His attorneys informed the court he had a medical condition resulting from the anxiety of the first trial.