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An individual was declared guilty on appeal of raping Gisele Pelicot following she was sedated by her spouse – and has had his incarceration period increased to 10 years.

Retrial Proceedings

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

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

The court heard that Dogan, a married father, reached out to the victim's spouse, Dominique Pelicot, in an internet forum titled “without her knowledge”, where Pelicot was looking for men to visit his house to assault his wife once he had sedated her into a comatose state.

We expect the court will declare that in this country, human rights are also women’s rights – that permission is personal, not delegated,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is received personally and not through someone else from a husband.”

Background

Dominique Pelicot, one of the worst sexual predators in recent French history, was sentenced to 20 years in prison last year for drugging his then wife and bringing in numerous individuals to rape her in her home in the Provence village of the village of Mazan over a span of many years of their union.

Numerous other individuals were found guilty in a widely publicized trial last year, and the appellant was the sole individual to contest his sentence. He was originally sentenced to nine years in prison, a sentence raised on Thursday to ten years.

The state's attorney, Dominique Sie, had argued he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Courtroom Details

The defendant had first sent the husband graphic images and then driven an hour from his town in the region to assault Gisèle Pelicot, after notifying his wife he was going out, the court heard.

Pelicot, who was brought from solitary confinement in prison to temporarily give evidence at the retrial, stated to the court that the accused had been aware his wife had been “sedated” and he communicated to men by phone: “I seek someone to violate my wife after I’ve sedated her without her knowledge.”

The courtroom became a key topic for a wider discussion on sexual violence norms in society as Dogan continued to claim he was blameless and had not perpetrated assault, arguing that because the victim's husband had invited him into the residence, his behavior had been permissible.

The panel in the Nîmes appeals court was displayed recorded footage of the victim's unconscious figure, unconscious and breathing heavily in a comatose state, while a grinning Dogan performed assault multiple times over a timeframe of what police said was several hours. The presiding judge said she had been at peril of death by asphyxiation. The state prosecution said there was no doubt that she had been unaware and had not consented.

Accused's Testimony

Dogan told the court the videos were simply “intimate moments” and rejected it was violation. He said what he did was “a sexual act”, not rape. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was OK. He said he was deceived by the husband. “I wanted to stop,” the accused informed the court. “I continued because he convinced me.”

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

Pelicot's Words

Gisèle Pelicot, who was cheered upon departing the trial each day by onlookers present to support her, told the defendant in court: “You fail to comprehend. When will you acknowledge you raped me? It is illegal to rape an unconscious woman. How could I have give you agreement? At no time.”

Gisèle Pelicot, 72, became an international feminist hero after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, turning to the victim in court, said Dogan’s unwillingness to take accountability showed that: “Guilt has not shifted. The community is possibly in the course of that, perhaps propelled by the collective awareness brought by the publication of your ordeal.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “Now we must change the culture of violence 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 unpleasant social system that you are supporting.”

Personal History

The accused was originated from Turkey and at the age of five moved to the nation of France, where his parent worked as a building manager. The court heard that his father was violent and that Dogan began smoking cannabis at the age of ten. When Dogan was 17 he was apprehended by authorities for dealing drugs and his parent evicted him the family house. He was incarcerated in prison for drug dealing in his twenties and had worked as a laborer but had undergone periods of homelessness.

He was married and had a child with a genetic condition, who he was the principal carer for, as his spouse worked in a school canteen. The court heard his wife did not know he had regular intimate relations outside their marriage. His defence said this was his way of coping with his difficult circumstances. The defendant had stated to a evaluator that each year he engaged in commercial sex on his special day. His legal representatives told the court he had arthritis resulting from the pressure of the initial proceedings.