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An individual has been found guilty on retrial of raping Gisèle Pelicot after she was sedated by her husband – and received his jail term raised to ten years.

Retrial Proceedings

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

A jury of five men and four women, accompanied by three judges, ruled against Dogan on Thursday of raping Pelicot in her bedroom in Provence in the morning of June 29, 2019.

The testimony revealed that the accused, a family man, connected with the victim's husband at the time, the husband, in an online chatroom named “unbeknownst to her”, where the husband was recruiting men to enter his residence to rape his wife once he had rendered her unconscious into a comatose state.

“We hope the jury will declare that in this society, human rights are also rights of women – that agreement is personal, not delegated,” stated the victim's attorney, her legal representative. “Consent is secured directly and not through someone else from a husband.”

Background

The husband, among the most severe sex offenders in recent French history, was sentenced to twenty years in prison last year for drugging his spouse and inviting numerous individuals to rape her in her home in the town of the village of Mazan over a duration of almost a decade of their union.

Dozens of additional defendants were found convicted in a high-profile trial last year, and the appellant was the sole individual to appeal against his verdict. He was initially given a sentence to 9 years in prison, a penalty enhanced on Thursday to ten years.

The chief prosecutor, the prosecutor, had contended he should serve 12 years, because he “completely denies to take any responsibility”.

Courtroom Details

The defendant had first sent the husband inappropriate pictures and then driven an hour from his village in the region to rape Gisèle Pelicot, after notifying his wife he was going out, the evidence indicated.

The ex-husband, who was transported from segregation in prison to briefly testify at the appeal trial, stated to the court that the accused had understood his wife had been “sedated” and he told 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 not guilty and had not engaged in violation, arguing that because the victim's husband had allowed him into the room, his actions had been permissible.

The jury in the higher court was shown recorded footage of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a deep sleep, while a grinning Dogan performed assault repeatedly over a timeframe of what investigators stated was 3.5 hours. The presiding judge said she had been at risk of death by suffocation. The state prosecution said there was absolute certainty that she had been incapacitated and had not agreed.

Dogan's Claims

Dogan stated to the court the footage were simply “sexual encounters” and rejected it was assault. He said what he did was “an intimate behavior”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I continued because he persuaded me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I never wanted to harm that individual.”

Victim's Response

The survivor, who was applauded upon leaving court each day by onlookers present to support her, said to Dogan in court: “You fail to comprehend. When will you acknowledge you violated me? It’s a crime to rape an unaware woman. How could I have give you agreement? Not once.”

The victim, 72, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, speaking to the victim in court, said the defendant's unwillingness to take accountability showed that: “The shame remains. The community is maybe in the course of that, maybe propelled by the public consciousness brought by the publication of your case.”

The prosecutor said the defendant's claims of innocence showed how normalized violence was still common in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change rape culture to a culture of consent.”

The prosecutor addressed Dogan: “While you reject it, it’s not just a woman, it’s an entire sordid cultural framework that you are supporting.”

Defendant's Background

The accused was born in the country of Turkey and at the age of 5 came to France, where his parent worked as a building manager. The evidence indicated that his parent was aggressive and that Dogan began using drugs aged ten. When Dogan was seventeen he was apprehended by authorities for drug trafficking and his parent forced him to leave of home. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a builder but had faced periods of homelessness.

He was married and had a son with special needs, who he was the primary guardian for, as his wife worked in a institution's dining hall. The testimony revealed his spouse did not know he had repeated extramarital activities outside their union. His legal team said this was his method of dealing with his difficult circumstances. The defendant had stated to a mental health expert that each year he engaged in commercial sex on his special day. His lawyers stated to the court he had arthritis caused by the anxiety of the initial proceedings.