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A defendant has been found guilty on retrial of raping Gisele Pelicot following she was drugged unconscious by her then-husband – and has had his jail term extended to 10 years.

Higher Court Case

The defendant, forty-four, an out-of-work construction worker, who had contested his initial guilty verdict last year, underwent a new trial this week at the appeals court in Nîmes.

A jury of four women and five men, accompanied by three judges, convicted Dogan on Thursday of raping the victim in her bedroom in southern France in the early hours of June 29, 2019.

The court heard that the accused, a married father, connected with Gisèle Pelicot’s spouse, the husband, in an online chatroom titled “without her knowledge”, where the husband was looking for men to enter his residence to assault his wife after he had rendered her unconscious into a unconscious state.

We expect the court will affirm that in this country, human rights are also women’s rights – that agreement is personal, not delegated,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is secured directly and not via a representative from a spouse.”

Context

The ex-husband, a notorious sexual predators in France's contemporary records, was handed a sentence to 20 years in prison last year for sedating his spouse and soliciting numerous individuals to sexually assault her in her home in the town of Mazan over a period of many years of their union.

Dozens of additional defendants were found guilty in a high-profile trial last year, and Dogan was the single defendant to appeal against his conviction. He was first handed a term to nine years in prison, a punishment raised on Thursday to 10 years.

The state's attorney, Dominique Sie, had contended he should serve twelve years, because he “completely denies to take any responsibility”.

Evidence Presented

Dogan had initially sent the husband inappropriate pictures and then driven an hour from his town in Provence to rape Gisèle Pelicot, after notifying his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from segregation in prison to briefly give evidence at the retrial, stated to the court that Dogan had understood his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a focus point for a broader debate on rape culture in society as the defendant continued to claim he was innocent and had not committed rape, contending that because Gisèle Pelicot’s husband had allowed him into the residence, his conduct had been permissible.

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 smiling Dogan engaged in violation on several occasions over a period of what police said was 3.5 hours. The court official said she had been at risk of fatal outcome by choking. The state prosecution said there was no doubt that she had been incapacitated and had not consented.

Defendant's Statements

The defendant stated to the court the videos were simply “sex scenes” and denied it was violation. He said what he did was “an intimate behavior”, not assault. He told the court: “I never raped.” He said the victim's husband had brought him to the house, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused told the court. “I continued because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to injure that woman.”

Victim's Response

The survivor, who was applauded upon leaving court each day by onlookers assembled to stand with her, said to Dogan in court: “You do not grasp. When will you admit you raped me? It’s a crime to assault an incapacitated woman. At what point did I give you permission? At no time.”

The victim, 72, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's failure to take blame showed that: “The shame remains. The community is maybe in the process of that, perhaps propelled by the collective awareness brought by the revelation of your case.”

Sie said the defendant's claims of innocence showed how rape culture was still widespread in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

Sie told Dogan: “While you deny it, it’s not just a woman, it’s an complete disturbing cultural framework that you are endorsing.”

Biographical Details

Dogan 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 aggressive and that the defendant began smoking cannabis at the age of ten. When Dogan was seventeen he was caught by authorities for selling narcotics and his father evicted him the residence. He was incarcerated in prison for trafficking in his young adulthood and had worked as a laborer but had undergone periods of living on the streets.

He was married and had a son with a genetic condition, who he was the principal carer for, as his spouse worked in a school canteen. The court heard his wife did not know he had repeated intimate relations outside their union. His legal team said this was his strategy for managing with his challenging existence. The defendant had told a court psychologist that each year he engaged in commercial sex on his special day. His legal representatives informed the court he had arthritis resulting from the pressure of the original case.