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A man was convicted on retrial of raping Gisele Pelicot following she was sedated by her then-husband – and received his jail term extended to a decade.

Higher Court Case

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

A panel of four women and five men, joined by three judges, found Dogan guilty on Thursday of raping Pelicot in her bedroom in Provence in the morning of June 29, 2019.

The court heard that Dogan, a family man, reached out to Gisèle Pelicot’s husband at the time, the husband, in an online chatroom titled “without her knowledge”, where Pelicot was looking for men to enter his residence to assault his wife once he had drugged her into a unconscious state.

“We hope the jury will say loud and clear that in this country, fundamental rights are also women’s rights – that permission is personal, not delegated,” declared Gisèle Pelicot’s lawyer, her legal representative. “Agreement is received directly and not through someone else from a husband.”

Background

The husband, one of the worst sex offenders in France's contemporary records, was handed a sentence to twenty years in prison last year for drugging his spouse and bringing in numerous individuals to sexually assault her in her home in the community of Mazan over a span 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 sentence. He was first handed a term to 9 years in prison, a punishment raised 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”.

Testimony and Proof

Dogan had first sent Dominique Pelicot graphic images and then driven an hour from his residence in Provence to assault the victim, after informing 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 appeal trial, informed the court that the accused had understood his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a focus point for a larger conversation on societal attitudes in society as Dogan continued to claim he was not guilty and had not committed rape, stating that because the victim's husband had invited him into the residence, his actions had been acceptable.

The jury in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s limp body, unconscious and snoring in a deep sleep, while a smiling the perpetrator performed assault on several occasions over a period of what authorities reported was three and a half hours. The presiding judge said she had been at peril of fatal outcome by asphyxiation. The state prosecution said there was no doubt that she had been unaware and had not consented.

Defendant's Statements

The defendant informed the court the videos were simply “sex scenes” and rejected it was violation. He said what he did was “a sexual act”, not rape. He told the court: “I never raped.” He said the victim's husband had brought him to the house, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan told the court. “I proceeded because he convinced me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to hurt that woman.”

Survivor's Statement

The victim, who was applauded upon leaving court each day by crowds assembled to stand with her, addressed the defendant in court: “You fail to comprehend. When will you admit you raped me? It is unlawful to assault an incapacitated woman. At what point did I give you permission? Never.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said the defendant's failure to take accountability showed that: “The shame remains. The community is possibly in the course of that, perhaps propelled by the collective awareness resulting from the exposure of your situation.”

The prosecutor said the defendant's claims of blamelessness showed how societal tolerance was still widespread in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change the culture of violence to a culture of consent.”

The prosecutor addressed Dogan: “For as much as you refuse to admit it, it’s not just a woman, it’s an whole disturbing social system that you are upholding.”

Defendant's Background

The accused was born in Turkey and at the age of 5 moved to France, where his parent worked as a building manager. The evidence indicated that his parent was aggressive and that the defendant began using drugs at the age of 10. When he was seventeen he was stopped by police for dealing drugs and his father forced him to leave of home. He served time in prison for drug dealing in his young adulthood and had worked as a laborer but had experienced periods of homelessness.

He was wed and had a son with Down’s syndrome, who he was the primary guardian for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had repeated intimate relations outside their union. His defence said this was his method of dealing with his stressful life. Dogan had told a mental health expert that each year he sought commercial sex on his special day. His attorneys told the court he had arthritis resulting from the pressure of the original case.