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A man has been found guilty on retrial of raping Gisèle Pelicot after she was drugged unconscious by her husband – and received his prison sentence increased to a decade.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, underwent a new trial this week at the higher court in Nîmes.

A jury of four women and five men, joined by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her home in the south of France in the early hours of 29 June 2019.

The court heard that Dogan, a married father, made contact with the victim's spouse, the husband, in an internet forum named “without her consent”, where the husband was seeking men to enter his residence to assault his wife once he had sedated her into a comatose state.

We expect the jury will say loud and clear that in this society, fundamental rights are also rights of women – that consent is personal, not delegated,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is received personally and not via a representative from a spouse.”

Context

The husband, a notorious sexual predators in recent French history, was handed a sentence to 20 years in prison last year for incapacitating his wife at the time and soliciting multiple perpetrators to sexually assault her in her home in the town of Mazan over a duration of nearly ten years of their marriage.

Dozens of additional defendants were found convicted in a high-profile trial last year, and the appellant was the single defendant to contest his verdict. He was originally given a sentence to 9 years in prison, a penalty increased on Thursday to a decade.

The state's attorney, Dominique Sie, had contended he should serve 12 years, because he “stubbornly rejects to take any blame”.

Courtroom Details

Dogan had first sent the husband graphic images and then traveled an hour from his town in the region to assault the victim, after informing his wife he was going out, the testimony revealed.

Pelicot, who was transported from segregation in prison to temporarily testify at the appeal trial, stated to the court that Dogan had understood 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 without her knowledge.”

The proceedings became a key topic for a broader debate on sexual violence norms in society as Dogan continued to say he was blameless and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his conduct had been permissible.

The panel in the higher court was displayed visual proof of Gisèle Pelicot’s unresponsive form, comatose and snoring in a comatose state, while a smiling the perpetrator performed assault repeatedly over a timeframe of what police said was 3.5 hours. The court official said she had been at peril of death by choking. The state prosecution said there was no question that she had been incapacitated and had not given permission.

Accused's Testimony

Dogan stated to the court the videos were simply “sex scenes” and rejected it was violation. He said what he did was “a sexual act”, not rape. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was OK. He said he was deceived by the husband. “I tried to halt,” Dogan stated to the court. “I proceeded because he persuaded me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to hurt that woman.”

Victim's Response

The victim, who was applauded upon exiting the courtroom each day by crowds present to stand with her, addressed 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 agreement? At no time.”

Gisèle Pelicot, 72, became an international feminist hero after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, turning to Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “The shame remains. The public is possibly in the process of that, possibly driven by the collective awareness brought by the revelation of your situation.”

Sie said Dogan’s claims of non-guilt showed how societal tolerance was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a culture of consent.”

The prosecutor told Dogan: “As long as you refuse to admit it, it’s not just a individual, it’s an whole sordid social system that you are endorsing.”

Biographical Details

The accused was born in Turkey and at the age of five came to France, where his parent worked as a concierge. The testimony revealed that his father was aggressive and that the defendant began using drugs at the age of 10. When Dogan was 17 he was caught by authorities for drug trafficking and his parent forced him to leave the residence. He spent time in prison for drug dealing in his early 20s and had worked as a construction worker but had experienced periods of being unhoused.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The court heard his spouse did not know he had repeated intimate relations outside their marriage. His defence said this was his method of dealing with his stressful life. Dogan had informed a mental health expert that each year he looked for transactional encounters on his special day. His legal representatives stated to the court he had a medical condition caused by the anxiety of the original case.