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A man was convicted on retrial of raping Gisèle Pelicot after she was sedated by her then-husband – and was given his jail term extended to 10 years.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, underwent a appeal hearing this week at the appeals court in Nîmes.

A jury of five men and four women, sitting with three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her home in Provence in the morning of 29 June 2019.

The evidence showed that the accused, a family man, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an internet forum called “without her consent”, where Pelicot was looking for men to enter his residence to rape his wife once he had drugged her into a unconscious state.

“We hope the jury will affirm that in this nation, fundamental rights are also women’s rights – that permission is individual, not given by another,” stated Gisèle Pelicot’s lawyer, 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 given a prison term to 20 years in prison last year for incapacitating his spouse and inviting numerous individuals to sexually assault her in her home in the Provence village of Mazan over a duration of nearly ten years of their marriage.

Numerous other individuals were found convicted in a high-profile trial last year, and the appellant was the only man to contest his verdict. He was initially sentenced to 9 years in prison, a penalty increased on Thursday to ten years.

The state's attorney, Dominique Sie, had stated he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Courtroom Details

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

The ex-husband, who was brought from solitary confinement in prison to briefly testify at the appeal trial, told the court that Dogan had known his wife had been “drugged” and he told to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep without her knowledge.”

The courtroom became a focus point for a larger conversation on societal attitudes in society as the defendant continued to claim he was innocent and had not engaged in violation, contending that because Gisèle Pelicot’s husband had invited him into the room, his behavior had been justifiable.

The jury in the higher court was shown recorded footage of the victim's unresponsive form, comatose and snoring in a comatose state, while a smiling Dogan committed rape repeatedly over a timeframe of what police said was three and a half hours. The judge said she had been at peril of fatal outcome by choking. The prosecution said there was absolute certainty that she had been unconscious and had not consented.

Defendant's Statements

Dogan informed the court the recordings were simply “intimate moments” and denied it was rape. He said what he did was “a consensual activity”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had invited him to the residence, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I tried to halt,” Dogan stated to the court. “I proceeded because he convinced me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I did not intend to harm that lady.”

Survivor's Statement

The survivor, who was supported upon departing the trial each day by crowds gathered to back her, told Dogan in court: “You fail to comprehend. When will you acknowledge you raped me? It’s a crime to rape an unconscious woman. At what point did I give you consent? At no time.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's failure to take responsibility showed that: “Guilt has not shifted. The public is maybe in the process of that, possibly driven by the collective awareness brought by the publication of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how normalized violence was still widespread in society as part of “old-fashioned” forms of “patriarchal control”. He said: “Now we must 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 individual, it’s an whole disturbing cultural framework that you are supporting.”

Biographical Details

The accused was originated from Turkey and at the age of five relocated to the nation of France, where his father worked as a caretaker. The evidence indicated that his father was violent and that Dogan began smoking cannabis aged 10. When Dogan was seventeen he was caught by authorities for selling narcotics and his father forced him to leave of home. He spent time in prison for narcotics offenses in his twenties and had worked as a laborer but had experienced periods of homelessness.

He was married and had a son with Down’s syndrome, who he was the principal carer for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had regular extramarital activities beyond their union. His defence said this was his strategy for managing with his challenging existence. The defendant had informed a court psychologist that once a year he engaged in commercial sex on his birthday. His legal representatives told the court he had a medical condition resulting from the pressure of the original case.