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A man was convicted on higher court review of raping Gisèle Pelicot following she was sedated by her spouse – and was given his prison sentence extended to 10 years.

Retrial Proceedings

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

A panel of five men and four women, accompanied by three judges, convicted Dogan on Thursday of raping Pelicot in her residence in Provence in the early hours of 29 June 2019.

The evidence showed that the accused, a married father, made contact with Gisèle Pelicot’s spouse, the husband, in an digital platform called “without her consent”, where Pelicot was looking for men to visit his house to rape 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 individual, not transferred,” stated the victim's lawyer, her legal representative. “Permission is received personally and not via a representative from a spouse.”

Context

The ex-husband, a notorious sexual predators in modern French history, was sentenced to two decades in prison last year for drugging his wife at the time and bringing in multiple perpetrators to sexually assault her in her home in the community of the village of Mazan over a span of almost a decade of their marriage.

Dozens of additional defendants were found convicted in a high-profile trial last year, and the appellant was the only man to challenge his verdict. He was initially given a sentence to 9 years in prison, a penalty enhanced on Thursday to ten years.

The lead state prosecutor, the prosecutor, had stated he should serve twelve years, because he “stubbornly rejects to take any blame”.

Testimony and Proof

The defendant had first sent Dominique Pelicot graphic images and then driven an hour from his town in the region to assault Gisèle Pelicot, after telling his wife he was leaving, the testimony revealed.

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

The courtroom became a focus point for a broader debate on rape culture in society as the defendant continued to assert he was blameless and had not committed rape, arguing that because Gisèle Pelicot’s husband had invited him into the bedroom, his conduct had been justifiable.

The jury in the Nîmes appeals court was displayed video evidence of Gisèle Pelicot’s limp body, sedated and breathing heavily in a deep sleep, while a grinning the perpetrator engaged in violation multiple times over a timeframe of what authorities reported was several hours. The judge said she had been at risk of fatal outcome by asphyxiation. The state's case said there was no question that she had been unconscious and had not given permission.

Defendant's Statements

The defendant stated to the court the footage were simply “intimate moments” and rejected it was rape. He said what he did was “a sexual act”, not rape. He declared the court: “I never raped.” He said the victim's husband had allowed him to the home, and therefore it was OK. He said he was deceived by the husband. “I attempted to cease,” Dogan informed the court. “I carried on because he persuaded me.”

Asked if he wanted to make a last words to the court, Dogan said: “I had no desire to hurt that lady.”

Pelicot's Words

The victim, who was cheered upon leaving court each day by supporters present to support her, told the defendant in court: “You haven’t understood. When are you going to recognise you raped me? It is unlawful to assault an unaware woman. At what point did I give you agreement? Not once.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s unwillingness to take responsibility showed that: “The shame remains. The public is perhaps in the midst of that, perhaps driven by the societal understanding brought by the publication of your case.”

The prosecutor said the defendant's claims of non-guilt showed how rape culture was still prevalent in society as part of “outdated” forms of “male domination”. He said: “We need to change the culture of violence to a society based on agreement.”

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

Biographical Details

The accused was originated from Turkey and at the age of five relocated to France, where his parent worked as a caretaker. The evidence indicated that his father was violent and that Dogan began consuming marijuana at the age of 10. When he was 17 he was caught by authorities for dealing drugs and his parent kicked him out the residence. He served time in prison for trafficking in his young adulthood and had worked as a construction worker but had undergone periods of homelessness.

He was married and had a son with a genetic condition, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had regular extramarital activities outside their marriage. His legal team said this was his way of coping with his stressful life. Dogan had informed a evaluator that once a year he engaged in commercial sex on his special day. His legal representatives told the court he had arthritis caused by the anxiety of the initial proceedings.