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A man has been found guilty on retrial of raping Gisèle Pelicot after she was sedated by her spouse – and was given his prison sentence raised to a decade.

Appeal Trial

The defendant, forty-four, an out-of-work construction worker, who had challenged his first conviction last year, underwent a new trial this week at the higher court in Nîmes.

A panel of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of raping the victim in her residence in Provence in the morning of June 29, 2019.

The testimony revealed that the accused, a family man, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform named “without her consent”, where Pelicot was seeking men to come to his home to rape his wife after he had rendered her unconscious into a deep sleep.

We trust the court will declare that in this country, human rights are also rights of women – that permission is individual, not delegated,” stated Gisèle Pelicot’s attorney, her legal representative. “Consent is secured personally and not by proxy from a spouse.”

Background

Dominique Pelicot, one of the worst sexual predators in recent French history, was sentenced to two decades in prison last year for sedating his spouse and bringing in numerous individuals to sexually assault her in her home in the town of the village of Mazan over a duration of nearly ten years of their union.

Numerous other individuals were found guilty in a notable trial last year, and the appellant was the only man to contest his verdict. He was originally sentenced to 9 years in prison, a penalty increased on Thursday to a decade.

The chief prosecutor, Dominique Sie, had stated he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

Dogan had initially sent the husband sexually explicit photos and then driven an hour from his town in the region to rape Gisèle Pelicot, after telling his wife he was leaving, the evidence indicated.

Pelicot, who was transported from isolation in prison to briefly testify at the appeal trial, stated to the court that the accused had been aware his wife had been “drugged” and he communicated to men by phone: “I seek someone to violate my wife after I’ve sedated her without her knowledge.”

The proceedings became a key topic for a wider discussion on sexual violence norms in society as Dogan continued to claim he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had welcomed him into the residence, his conduct had been acceptable.

The panel in the higher court was shown video evidence of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a unconscious condition, while a grinning the perpetrator performed assault repeatedly over a timeframe of what investigators stated was several hours. The presiding judge said she had been at peril of fatal outcome by suffocation. The state prosecution said there was no question that she had been unaware and had not given permission.

Dogan's Claims

Dogan told the court the videos were simply “sexual encounters” and rejected it was assault. He said what he did was “a consensual activity”, not assault. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I tried to halt,” Dogan stated to the court. “I carried on because he reassured me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I did not intend to hurt that lady.”

Victim's Response

The survivor, who was cheered upon exiting the courtroom each day by supporters gathered to support her, told Dogan in court: “You fail to comprehend. When will you admit you assaulted me? It’s a crime to rape an unaware woman. When did I ever give you consent? Never.”

The victim, 72, became an global icon after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take blame showed that: “Shame has not yet changed sides. The community is possibly in the process of that, perhaps driven by the societal understanding spurred by the revelation of your ordeal.”

Sie said Dogan’s claims of non-guilt showed how societal tolerance was still common in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change rape culture to a ethos of permission.”

Sie said to Dogan: “As long as you refuse to admit it, it’s not just a person, it’s an entire disturbing social system that you are supporting.”

Defendant's Background

The accused 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 evidence indicated that his parent was aggressive and that the defendant began consuming marijuana at the age of 10. When he was 17 he was caught by authorities for dealing drugs and his parent kicked him out the residence. He spent time in prison for drug dealing in his twenties and had worked as a builder but had faced periods of homelessness.

He was wed and had a son with a genetic condition, who he was the main caregiver for, as his wife worked in a school canteen. The evidence showed his wife did not know he had frequent extramarital activities outside their marriage. His legal team said this was his strategy for managing with his difficult circumstances. The defendant had informed a evaluator that each year he looked for transactional encounters on his birthday. His lawyers informed the court he had arthritis caused by the stress of the initial proceedings.