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An individual was declared guilty on retrial of raping Gisele Pelicot following she was sedated by her husband – and has had his incarceration period extended to ten years.

Appeal Trial

The defendant, 44, an out-of-work construction worker, who had contested his first conviction last year, underwent a retrial this week at the Nîmes court of appeal.

A jury of five men and four women, joined by three judges, ruled against Dogan on Thursday of raping Pelicot in her residence in southern France in the early hours of June 29, 2019.

The testimony revealed that the accused, a family man, connected with the victim's spouse, Dominique Pelicot, in an internet forum titled “unbeknownst to her”, where Pelicot was recruiting men to enter his residence to assault his wife after he had sedated her into a unconscious state.

We trust the court will affirm that in this nation, human rights are also rights of women – that agreement is individual, not transferred,” stated the victim's lawyer, Antoine Camus. “Permission is secured personally and not through someone else from a husband.”

Background

Dominique Pelicot, among the most severe sex offenders in France's contemporary records, was sentenced to twenty years in prison last year for incapacitating his spouse and soliciting dozens of men to sexually assault her in her home in the town of Mazan over a period of many years of their union.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and the appellant was the only man to challenge his conviction. He was originally handed a term to 9 years in prison, a penalty enhanced on Thursday to ten years.

The state's attorney, Dominique Sie, had argued he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Evidence Presented

The defendant had first sent Dominique Pelicot graphic images and then driven an hour from his residence in the region to assault the victim, after telling his wife he was stepping out, the evidence indicated.

Pelicot, who was brought from solitary confinement in prison to temporarily provide testimony at the appeal trial, informed the court that Dogan had understood his wife had been “drugged” and he communicated to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a key topic for a larger conversation on rape culture in society as Dogan continued to claim he was blameless and had not committed rape, arguing that because the victim's husband had allowed him into the bedroom, his behavior had been permissible.

The jury in the higher court was displayed video evidence of the victim's unresponsive form, comatose and snoring in a unconscious condition, while a smiling Dogan performed assault multiple times over a period of what authorities reported was several hours. The presiding judge said she had been at risk of death by choking. The state's case said there was no doubt that she had been unconscious and had not agreed.

Defendant's Statements

The defendant stated to the court the recordings were simply “sexual encounters” and denied it was rape. He said what he did was “a consensual activity”, not rape. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan informed the court. “I proceeded because he persuaded me.”

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

Victim's Response

The victim, who was supported upon departing the trial each day by supporters present to back her, told the defendant in court: “You do not grasp. When will you acknowledge you raped me? It is unlawful to rape an unconscious woman. When did I ever give you consent? At no time.”

The victim, 72, became an global icon after she relinquished her right to privacy in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s refusal to take accountability showed that: “The shame remains. Society is maybe in the course of that, possibly driven by the societal understanding resulting from the revelation of your case.”

Sie said Dogan’s claims of non-guilt showed how normalized violence was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “Now we must change rape culture to a ethos of permission.”

The prosecutor told the defendant: “While you deny it, it’s not just a person, it’s an whole disturbing cultural framework that you are endorsing.”

Personal History

Dogan was born in the country of Turkey and at the age of 5 came to the nation of France, where his parent worked as a building manager. The court heard that his father was aggressive and that Dogan began consuming marijuana at the age of 10. When Dogan was 17 he was apprehended by authorities for drug trafficking and his father forced him to leave the family house. He served time in prison for trafficking in his twenties and had worked as a builder but had undergone periods of living on the streets.

He was married and had a son with special needs, who he was the principal carer for, as his spouse worked in a educational cafeteria. The court heard his spouse did not know he had repeated extramarital activities beyond their union. His legal team said this was his strategy for managing with his challenging existence. The defendant had stated to a evaluator that each year he sought commercial sex on his special day. His attorneys told the court he had joint inflammation caused by the pressure of the initial proceedings.