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An individual has been found guilty on retrial of sexually assaulting Gisele Pelicot after she was drugged unconscious by her then-husband – and was given his incarceration period extended to a decade.

Retrial Proceedings

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 panel of nine jurors, sitting with three judges, found Dogan guilty on Thursday of raping Pelicot in her residence in southern France in the early hours of 29 June 2019.

The court heard that the accused, a married father, reached out to Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an internet forum called “without her consent”, where Pelicot was recruiting men to enter his residence to assault his wife after he had rendered her unconscious into a comatose state.

We expect the panel will say loud and clear that in this country, fundamental rights are also rights of women – that agreement is individual, not delegated,” said Gisèle Pelicot’s lawyer, her legal representative. “Consent is secured personally and not via a representative from a husband.”

Context

The ex-husband, one of the worst sexual predators in France's contemporary records, was sentenced to twenty years in prison last year for drugging his then wife and inviting numerous individuals to rape her in her home in the Provence village of the village of Mazan over a period of nearly ten years of their union.

Dozens of additional defendants were found guilty in a widely publicized trial last year, and the appellant was the only man to challenge his conviction. He was originally sentenced to nine years in prison, a punishment enhanced on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had argued he should serve twelve years, because he “absolutely refuses to take any blame”.

Courtroom Details

Dogan had initially sent Dominique Pelicot graphic images and then driven an hour from his village in Provence to assault Gisèle Pelicot, after telling his wife he was going out, the court heard.

The ex-husband, who was transported from solitary confinement in prison to temporarily provide testimony at the appeal trial, told the court that Dogan had been aware his wife had been “sedated” and he communicated to men by phone: “I want someone to violate my wife after I’ve put her to sleep without her consent.”

The courtroom became a focus point for a broader debate on rape culture in society as the defendant continued to say he was innocent and had not engaged in violation, contending that because the victim's husband had welcomed him into the residence, his behavior had been acceptable.

The jury in the higher court was shown recorded footage of the victim's unconscious figure, unconscious and breathing heavily in a deep sleep, while a smiling the perpetrator committed rape on several occasions over a timeframe of what police said was several hours. The presiding judge said she had been at peril of fatal outcome by choking. The prosecution said there was absolute certainty that she had been incapacitated and had not consented.

Accused's Testimony

Dogan stated to the court the footage were simply “sex scenes” 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 Gisèle Pelicot’s husband had invited him to the house, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I wanted to stop,” Dogan told the court. “I proceeded because he convinced me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I did not intend to harm that individual.”

Survivor's Statement

Gisèle Pelicot, who was supported upon exiting the courtroom each day by onlookers assembled to back her, said to Dogan in court: “You haven’t understood. When are you going to recognise you assaulted me? It is unlawful to assault an incapacitated woman. When did I ever give you agreement? Not once.”

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

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's failure to take blame showed that: “The shame remains. The public is maybe in the process of that, possibly driven by the collective awareness brought by the exposure of your ordeal.”

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

Sie addressed the defendant: “While you deny it, it’s not just a woman, it’s an whole unpleasant societal structure that you are endorsing.”

Personal History

The accused was originated from Turkey and at the age of 5 came to France, where his parent worked as a concierge. The court heard that his father was aggressive and that Dogan began consuming marijuana at the age of ten. When Dogan was 17 he was apprehended by police for selling narcotics and his father evicted him the family house. He spent time in prison for drug dealing in his early 20s and had worked as a builder but had undergone periods of being unhoused.

He was married and had a child with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had frequent intimate relations outside their marriage. His defence said this was his way of coping with his challenging existence. Dogan had stated to a court psychologist that once a year he engaged in commercial sex on his birthday. His attorneys told the court he had arthritis resulting from the stress of the original case.