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An individual was convicted on retrial of raping Gisele Pelicot following she was drugged unconscious by her spouse – and was given his jail term extended to ten years.

Retrial Proceedings

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

A jury of five men and four women, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her bedroom in southern France in the morning of June 29, 2019.

The evidence showed that Dogan, a family man, made contact with Gisèle Pelicot’s spouse, the husband, in an internet forum titled “unbeknownst to her”, where the husband was seeking men to come to his home to rape his wife once he had rendered her unconscious into a unconscious state.

“We hope the panel will declare that in this country, fundamental rights are also rights of women – that permission is personal, not transferred,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Consent is received personally and not by proxy from a spouse.”

Background

The husband, one of the worst sex offenders in recent French history, was handed a sentence to twenty years in prison last year for incapacitating his then wife and soliciting dozens of men to rape her in her home in the community of Mazan over a span of many years of their marriage.

Numerous other individuals were found culpable in a notable trial last year, and the appellant was the only man to appeal against his conviction. He was first handed a term to 9 years in prison, a sentence increased on Thursday to ten years.

The chief prosecutor, the prosecutor, had stated he should serve twelve years, because he “absolutely refuses to take any accountability”.

Courtroom Details

The defendant had initially sent the husband inappropriate pictures and then traveled an hour from his village in the region to assault the victim, after telling his wife he was leaving, the evidence indicated.

Pelicot, who was brought from solitary confinement in prison to temporarily provide testimony at the hearing, told the court that the accused had known his wife had been “sedated” and he said to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious without her consent.”

The trial became a focus point for a broader debate on rape culture in society as Dogan continued to assert he was not guilty and had not committed rape, stating that because Gisèle Pelicot’s husband had welcomed him into the room, his behavior had been permissible.

The panel in the Nîmes appeals court was displayed visual proof of Gisèle Pelicot’s unconscious figure, sedated and snoring in a comatose state, while a smiling the perpetrator performed assault repeatedly over a period of what authorities reported was several hours. The judge said she had been at danger of death by suffocation. The prosecution said there was no question that she had been incapacitated and had not consented.

Defendant's Statements

Dogan told the court the recordings were simply “sexual encounters” and disputed it was assault. He said what he did was “a sexual act”, not rape. He told the court: “I never raped.” He said the victim's husband had allowed him to the home, and therefore it was acceptable. He said he was deceived by the husband. “I wanted to stop,” the accused told the court. “I continued because he persuaded me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to hurt that individual.”

Victim's Response

Gisèle Pelicot, who was cheered upon departing the trial each day by crowds assembled to stand with her, said to the defendant in court: “You do not grasp. When are you going to recognise you raped me? It’s a crime to rape an incapacitated woman. How could I have give you agreement? At no time.”

Gisèle Pelicot, 72, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said Dogan’s unwillingness to take accountability showed that: “Guilt has not shifted. The public is possibly in the midst of that, possibly driven by the public consciousness brought by the exposure of your case.”

Sie said Dogan’s claims of blamelessness showed how normalized violence was still widespread in society as part of “outdated” forms of “male domination”. He said: “We need to change rape culture to a culture of consent.”

The prosecutor said to the defendant: “As long as you reject it, it’s not just a woman, it’s an entire disturbing social system that you are upholding.”

Biographical Details

Dogan was born in the country of Turkey and at the age of five relocated to the nation of 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 he was seventeen he was caught by authorities for dealing drugs and his father kicked him out of home. He spent time in prison for narcotics offenses in his twenties and had worked as a construction worker but had faced periods of homelessness.

He was married and had a child with special needs, who he was the principal carer for, as his wife worked in a institution's dining hall. The court heard his wife did not know he had repeated extramarital activities outside their union. His defence said this was his method of dealing with his difficult circumstances. The defendant had informed a court psychologist that each year he engaged in commercial sex on his special day. His lawyers stated to the court he had a medical condition triggered by the stress of the original case.