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An individual was convicted on retrial of raping Gisele Pelicot after she was drugged unconscious by her spouse – and received his jail term increased to ten years.

Retrial Proceedings

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

A jury of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her residence in the south of France in the early hours of June 29, 2019.

The evidence showed that the accused, a married father, connected with Gisèle Pelicot’s husband at the time, the husband, in an online chatroom called “without her knowledge”, where Pelicot was seeking men to come to his home to assault his wife after he had drugged her into a deep sleep.

“We hope the court will say loud and clear that in this country, fundamental rights are also rights of women – that agreement is individual, not transferred,” declared the victim's attorney, Antoine Camus. “Agreement is obtained directly and not via a representative from a spouse.”

Background

The husband, one of the worst sexual predators in France's contemporary records, was given a prison term to 20 years in prison last year for sedating his wife at the time and bringing in multiple perpetrators to rape her in her home in the town of Mazan over a period of many years of their marriage.

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

The chief prosecutor, the prosecutor, had argued he should serve 12 years, because he “absolutely refuses to take any accountability”.

Evidence Presented

Dogan had first sent the husband graphic images and then traveled an hour from his town in Provence to assault the victim, after informing his wife he was going out, the court heard.

Pelicot, who was transported from isolation in prison to temporarily give evidence at the appeal trial, stated to the court that the accused had been aware his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her knowledge.”

The courtroom became a focus point for a broader debate on societal attitudes in society as Dogan continued to claim he was innocent and had not engaged in violation, contending that because Gisèle Pelicot’s husband had welcomed him into the residence, his conduct had been acceptable.

The jury in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a comatose state, while a grinning the perpetrator engaged in violation repeatedly over a period of what police said was several hours. The court official said she had been at risk of death by suffocation. The prosecution said there was no question that she had been unconscious and had not given permission.

Defendant's Statements

The defendant stated to the court the videos were simply “intimate moments” and disputed it was assault. He said what he did was “a consensual activity”, not rape. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I attempted to cease,” Dogan stated to the court. “I proceeded because he convinced me.”

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

Survivor's Statement

The survivor, who was applauded upon leaving court each day by supporters assembled to back her, said to the defendant in court: “You do not grasp. When are you going to recognise you assaulted me? It is illegal to rape an unconscious woman. How could I have give you permission? Not once.”

Gisèle Pelicot, 72, became an global icon after she waived her right to anonymity in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, addressing the victim in court, said the defendant's failure to take accountability showed that: “The shame remains. Society is maybe in the course of that, possibly motivated by the public consciousness brought by the publication of your case.”

The prosecutor said the defendant's claims of innocence showed how normalized violence was still prevalent in society as part of “outdated” forms of “male domination”. He said: “Now we must change the culture of violence to a ethos of permission.”

Sie told the defendant: “For as much as you reject it, it’s not just a person, it’s an entire sordid social system that you are supporting.”

Biographical Details

Dogan was born in the country of Turkey and at the age of five moved to the nation of France, where his parent worked as a building manager. The testimony revealed that his parent was aggressive and that Dogan began consuming marijuana at the age of ten. When Dogan was 17 he was caught by police for selling narcotics and his parent evicted him the family house. He spent time in prison for trafficking in his twenties and had worked as a builder but had experienced periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the main caregiver for, as his wife worked in a institution's dining hall. The evidence showed his wife did not know he had regular extramarital activities beyond their marriage. His defence said this was his way of coping with his difficult circumstances. The defendant had stated to a court psychologist that each year he engaged in commercial sex on his special day. His lawyers stated to the court he had joint inflammation triggered by the pressure of the original case.