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A defendant has been found guilty on appeal of raping Gisele Pelicot after she was drugged unconscious by her then-husband – and has had his jail term extended to ten years.

Appeal Trial

Dogan, forty-four, an unemployed builder, who had challenged his initial guilty verdict last year, underwent a retrial this week at the higher court in Nîmes.

A jury of nine jurors, joined by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in Provence in the early hours of June 29, 2019.

The testimony revealed that the accused, a family man, made contact with the victim's then husband, Dominique Pelicot, in an internet forum named “without her knowledge”, where Pelicot was looking for men to come to his home to assault his wife once he had rendered her unconscious into a comatose state.

We expect the jury will declare that in this nation, human rights are also women’s rights – that agreement is personal, not given by another,” declared the victim's attorney, her legal representative. “Consent is received directly and not via a representative from a husband.”

Background

The ex-husband, one of the worst sexual predators in France's contemporary records, was sentenced to twenty years in prison last year for drugging his spouse and inviting dozens of men to sexually assault her in her home in the town of Mazan over a period of almost a decade of their union.

Dozens of additional defendants were found guilty in a widely publicized trial last year, and Dogan was the sole individual to challenge his verdict. He was originally sentenced to 9 years in prison, a punishment enhanced on Thursday to 10 years.

The state's attorney, the prosecutor, had argued he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Evidence Presented

Dogan had initially sent the husband inappropriate pictures and then driven an hour from his village in Provence to rape the victim, after informing his wife he was going out, the evidence indicated.

Pelicot, who was brought from segregation in prison to temporarily provide testimony at the retrial, informed the court that the accused had known his wife had been “drugged” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her unbeknownst to her.”

The proceedings became a focus point for a larger conversation on sexual violence norms in society as Dogan continued to claim he was not guilty and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had invited him into the room, his actions had been acceptable.

The panel in the higher court was shown recorded footage of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a comatose state, while a smiling Dogan committed rape on several occasions over a duration of what authorities reported was 3.5 hours. The judge said she had been at peril of death by choking. The state's case said there was absolute certainty that she had been incapacitated and had not agreed.

Accused's Testimony

Dogan stated to the court the videos were simply “sex scenes” and denied it was assault. He said what he did was “an intimate behavior”, not assault. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was permissible. He said he was manipulated by the husband. “I attempted to cease,” Dogan stated to the court. “I carried on because he reassured me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I had no desire to harm that individual.”

Victim's Response

Gisèle Pelicot, who was supported upon departing the trial each day by supporters assembled to support her, said to the defendant in court: “You do not grasp. When will you admit you assaulted me? It’s a crime to rape an unaware woman. When did I ever give you permission? Not once.”

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

State's Argument

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's refusal to take blame showed that: “The shame remains. The public is maybe in the midst of that, perhaps driven by the collective awareness brought by the publication of your case.”

The prosecutor said the defendant's claims of non-guilt showed how rape culture was still prevalent in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change rape culture to a ethos of permission.”

The prosecutor addressed Dogan: “As long as you reject it, it’s not just a woman, it’s an whole sordid social system that you are supporting.”

Biographical Details

The accused was born in the country of Turkey and at the age of five came to France, where his father worked as a caretaker. The testimony revealed that his parent was aggressive and that Dogan began smoking cannabis at the age of ten. When Dogan was seventeen he was stopped by authorities for selling narcotics and his father forced him to leave the residence. He served time in prison for drug dealing in his young adulthood and had worked as a laborer but had experienced periods of living on the streets.

He was wed and had a son with a genetic condition, 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 regular intimate relations beyond their marriage. His legal team said this was his way of coping with his stressful life. The defendant had informed a evaluator that annually he looked for transactional encounters on his birthday. His attorneys told the court he had arthritis triggered by the pressure of the first trial.