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A defendant was declared guilty on retrial of raping Gisele Pelicot following she was drugged unconscious by her then-husband – and received his prison sentence increased to 10 years.

Higher Court Case

The defendant, forty-four, an unemployed builder, who had challenged his first conviction last year, faced a retrial this week at the Nîmes court of appeal.

A jury of four women and five men, accompanied by three judges, ruled against Dogan on Thursday of raping the victim in her residence in the south of France in the morning of June 29, 2019.

The testimony revealed that Dogan, a married father, reached out to Gisèle Pelicot’s spouse, Dominique Pelicot, in an online chatroom named “without her consent”, where the husband was seeking men to come to his home to assault his wife once he had rendered her unconscious into a comatose state.

We trust the jury will say loud and clear that in this society, human rights are also women’s rights – that agreement is individual, not delegated,” stated Gisèle Pelicot’s lawyer, her legal representative. “Consent is obtained directly and not by proxy from a husband.”

Context

Dominique Pelicot, among the most severe sex offenders in recent French history, was handed a sentence to two decades in prison last year for sedating his spouse and inviting dozens of men to rape her in her home in the community of the village of Mazan over a span of nearly ten years of their marriage.

Numerous other individuals were found convicted in a widely publicized trial last year, and the appellant was the sole individual to contest his conviction. He was originally given a sentence to nine years in prison, a sentence raised on Thursday to ten years.

The state's attorney, Dominique Sie, had argued he should serve 12 years, because he “completely denies to take any blame”.

Evidence Presented

The defendant had first sent the husband graphic images and then driven an hour from his residence in the region to assault Gisèle Pelicot, after notifying his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from solitary confinement in prison to temporarily give evidence at the hearing, informed the court that the accused had been aware his wife had been “sedated” and he communicated to men by phone: “I want someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a focus point for a wider discussion on sexual violence norms in society as Dogan continued to say he was innocent and had not engaged in violation, stating that because the victim's husband had invited him into the bedroom, his conduct had been permissible.

The jury in the Nîmes appeals court was presented with visual proof of the victim's unresponsive form, sedated and snoring in a deep sleep, while a grinning the perpetrator performed assault on several occasions over a timeframe of what authorities reported was several hours. The judge said she had been at danger of fatal outcome by asphyxiation. The state prosecution 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 “sexual encounters” and disputed it was rape. He said what he did was “a consensual activity”, not rape. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was acceptable. He said he was influenced by the husband. “I wanted to stop,” Dogan stated to the court. “I continued because he persuaded me.”

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

Survivor's Statement

The victim, who was supported upon leaving court each day by crowds assembled to support her, told Dogan in court: “You fail to comprehend. When will you admit you assaulted me? It is unlawful to assault an unconscious woman. When did I ever give you consent? Not once.”

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

Legal Commentary

Sie, speaking to the victim in court, said Dogan’s failure to take accountability showed that: “Shame has not yet changed sides. The community is maybe in the midst of that, maybe propelled by the public consciousness brought by the publication of your ordeal.”

Sie said the defendant's claims of non-guilt showed how societal tolerance was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a society based on agreement.”

Sie told Dogan: “For as much as you refuse to admit it, it’s not just a individual, it’s an entire disturbing societal structure that you are endorsing.”

Personal History

The accused was born in the country of Turkey and at the age of five came to France, where his father worked as a building manager. The court heard that his parent was abusive and that Dogan began smoking cannabis at the age of 10. When Dogan was seventeen he was caught by authorities for selling narcotics and his father kicked him out of home. He spent time in prison for narcotics offenses in his early 20s and had worked as a construction worker but had undergone periods of homelessness.

He was wed and had a son with special needs, 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 repeated extramarital activities beyond their union. His defence said this was his way of coping with his stressful life. Dogan had stated to a court psychologist that annually he engaged in paid sex on his special day. His legal representatives informed the court he had joint inflammation caused by the pressure of the first trial.