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A defendant was declared guilty on retrial of raping Gisele Pelicot after she was drugged unconscious by her then-husband – and received his prison sentence increased to 10 years.

Retrial Proceedings

The defendant, forty-four, an unemployed builder, who had appealed his first conviction last year, underwent a new trial this week at the appeals court in Nîmes.

A panel of nine jurors, joined by three judges, ruled against Dogan on Thursday of raping the victim in her residence in Provence in the morning of June 29, 2019.

The testimony revealed that Dogan, a married father, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom titled “without her knowledge”, where the husband was recruiting men to enter his residence to assault his wife after he had rendered her unconscious into a unconscious state.

We expect the panel will say loud and clear that in this country, fundamental rights are also women’s rights – that permission is personal, not transferred,” said Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is secured personally and not by proxy from a husband.”

Context

Dominique Pelicot, one of the worst sexual predators in France's contemporary records, was sentenced to two decades in prison last year for incapacitating his spouse and soliciting multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a span of nearly ten years of their marriage.

Fifty other men were found culpable in a high-profile trial last year, and the appellant was the single defendant to contest his sentence. He was initially sentenced to nine years in prison, a sentence enhanced on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had argued he should serve 12 years, because he “completely denies to take any accountability”.

Courtroom Details

Dogan had initially sent Dominique Pelicot graphic images and then traveled an hour from his town in the region to rape the victim, after informing his wife he was leaving, the testimony revealed.

The ex-husband, who was transported from isolation in prison to briefly testify at the retrial, stated to the court that Dogan had known his wife had been “incapacitated” and he said to men by phone: “I seek someone to violate my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a central issue for a larger conversation on sexual violence norms in society as the defendant continued to assert he was blameless and had not committed rape, contending that because the victim's husband had invited him into the residence, his actions had been justifiable.

The jury in the Nîmes appeals court was shown visual proof of Gisèle Pelicot’s limp body, unconscious and snoring in a comatose state, while a smiling the perpetrator committed rape repeatedly over a duration of what authorities reported was several hours. The court official said she had been at risk of fatal outcome by choking. The state's case said there was no doubt that she had been unconscious and had not given permission.

Dogan's Claims

The defendant told the court the footage were simply “sexual encounters” and disputed it was violation. He said what he did was “a consensual activity”, not rape. He told the court: “I did not commit rape.” He said the victim's husband had allowed him to the home, and therefore it was acceptable. He said he was influenced by the husband. “I wanted to stop,” Dogan told the court. “I carried on because he reassured me.”

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

Pelicot's Words

Gisèle Pelicot, who was applauded upon leaving court each day by onlookers assembled to stand with her, said to Dogan in court: “You haven’t understood. When will you admit you raped me? It’s a crime to assault an incapacitated woman. How could I have give you permission? Not once.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she gave up her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, speaking to the victim in court, said Dogan’s failure to take responsibility showed that: “The shame remains. The public is perhaps in the process of that, maybe motivated by the societal understanding resulting from the exposure of your case.”

The prosecutor said the defendant's claims of non-guilt showed how normalized violence was still widespread in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change rape culture to a ethos of permission.”

The prosecutor said to Dogan: “As long as you refuse to admit it, it’s not just a woman, it’s an complete disturbing societal structure that you are upholding.”

Personal History

The accused was originated from Turkey and at the age of 5 came to the nation of France, where his father worked as a building manager. The court heard that his father was abusive and that Dogan began consuming marijuana aged ten. When Dogan was 17 he was stopped by police for dealing drugs and his parent kicked him out of home. He was incarcerated in prison for trafficking in his early 20s and had worked as a laborer but had undergone periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the principal carer for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had regular extramarital activities beyond their union. His legal team said this was his method of dealing with his difficult circumstances. The defendant had informed a court psychologist that annually he engaged in paid sex on his birthday. His attorneys told the court he had a medical condition resulting from the pressure of the first trial.