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An individual was declared guilty on higher court review of raping Gisele Pelicot after she was sedated by her husband – and was given his incarceration period raised to 10 years.

Retrial Proceedings

Dogan, 44, an unemployed builder, who had contested his initial guilty verdict last year, experienced a new trial this week at the Nîmes court of appeal.

A jury of nine jurors, sitting with three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her bedroom in southern France in the morning of June 29, 2019.

The court heard that Dogan, a family man, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an online chatroom titled “unbeknownst to her”, where the husband was seeking men to visit his house to rape his wife once he had sedated her into a comatose state.

We expect the jury will affirm that in this society, fundamental rights are also rights of women – that permission is individual, not given by another,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is received personally and not through someone else from a husband.”

Background

Dominique Pelicot, a notorious sex offenders in recent French history, was given a prison term to two decades in prison last year for drugging his then wife and bringing in multiple perpetrators to rape her in her home in the Provence village of Mazan over a span of many years of their union.

Numerous other individuals were found convicted in a widely publicized trial last year, and the appellant was the only man to contest his verdict. He was originally given a sentence to nine years in prison, a punishment raised on Thursday to ten years.

The chief prosecutor, the prosecutor, had argued he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Courtroom Details

The defendant had initially sent the husband inappropriate pictures and then driven an hour from his town in Provence to assault Gisèle Pelicot, after informing his wife he was leaving, the court heard.

The ex-husband, who was brought from segregation in prison to temporarily testify at the hearing, told the court that the accused had understood his wife had been “incapacitated” and he said to men by phone: “I seek someone to assault my wife after I’ve put her to sleep without her consent.”

The proceedings became a focus point for a larger conversation on sexual violence norms in society as Dogan continued to assert he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had allowed him into the bedroom, his conduct had been justifiable.

The panel in the Nîmes appeals court was presented with visual proof of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a deep sleep, while a grinning the perpetrator performed assault repeatedly over a duration of what investigators stated was several hours. The presiding judge said she had been at peril of death by choking. The prosecution said there was no doubt that she had been unconscious and had not given permission.

Defendant's Statements

The defendant told the court the videos were simply “sexual encounters” and denied it was assault. He said what he did was “a sexual act”, not rape. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan stated to the court. “I carried on because he persuaded me.”

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

Victim's Response

The survivor, who was applauded upon departing the trial each day by crowds gathered to back her, addressed Dogan in court: “You do not grasp. When will you acknowledge you assaulted me? It is illegal to assault an incapacitated woman. When did I ever give you agreement? At no time.”

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

State's Argument

The prosecutor, turning to the victim in court, said Dogan’s unwillingness to take blame showed that: “Guilt has not shifted. The community is perhaps in the midst of that, perhaps propelled by the public consciousness spurred by the revelation of your ordeal.”

The prosecutor said Dogan’s claims of innocence showed how normalized violence was still common in society as part of “outdated” forms of “male domination”. He said: “Now we must change rape culture to a culture of consent.”

Sie told the defendant: “As long as you reject it, it’s not just a individual, it’s an entire sordid societal structure that you are supporting.”

Personal History

The accused was born in Turkey and at the age of 5 moved to the nation of France, where his parent worked as a building manager. The testimony revealed that his father was abusive and that the defendant began using drugs at the age of 10. When he was seventeen he was stopped by police for selling narcotics and his parent kicked him out the residence. He spent time in prison for drug dealing in his young adulthood and had worked as a builder but had experienced periods of homelessness.

He was wed and had a son with a genetic condition, who he was the main caregiver for, as his spouse worked in a school canteen. The evidence showed his spouse did not know he had regular sexual encounters beyond their union. His legal team said this was his method of dealing with his difficult circumstances. Dogan had told a court psychologist that once a year he sought paid sex on his special day. His attorneys informed the court he had a medical condition resulting from the stress of the initial proceedings.