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A defendant was declared guilty on higher court review of raping Gisele Pelicot after she was sedated by her then-husband – and was given his jail term extended to ten years.

Retrial Proceedings

Dogan, forty-four, an out-of-work construction worker, who had contested his initial guilty verdict last year, underwent a retrial this week at the higher court in Nîmes.

A panel of five men and four women, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her bedroom in the south of France in the morning of June 29, 2019.

The evidence showed that the accused, a married father, reached out to Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an digital platform titled “without her knowledge”, where Pelicot was seeking men to visit his house to rape his wife after he had sedated her into a deep sleep.

We trust the panel will say loud and clear that in this nation, human rights are also rights of women – that permission is personal, not transferred,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is obtained personally and not through someone else from a spouse.”

Context

The husband, one of the worst sexual predators in modern French history, was given a prison term to two decades in prison last year for sedating his then wife and inviting dozens of men to rape her in her home in the community of Mazan over a period of many years of their union.

Fifty other men were found guilty in a high-profile trial last year, and Dogan was the sole individual to contest his verdict. He was originally handed a term to nine years in prison, a penalty increased on Thursday to 10 years.

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

Evidence Presented

Dogan had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his residence in the region to rape Gisèle Pelicot, after informing his wife he was stepping out, the court heard.

Pelicot, who was brought from isolation in prison to temporarily provide testimony at the appeal trial, informed the court that the accused had been aware his wife had been “incapacitated” and he communicated to men by phone: “I want someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a focus point for a broader debate on sexual violence norms in society as the defendant continued to say he was innocent and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had invited him into the room, his conduct had been permissible.

The jury in the Nîmes appeals court was presented with recorded footage of Gisèle Pelicot’s limp body, unconscious and snoring in a comatose state, while a grinning Dogan engaged in violation repeatedly over a period of what police said was 3.5 hours. The presiding judge said she had been at peril of death by asphyxiation. The state prosecution said there was absolute certainty that she had been unaware and had not agreed.

Dogan's Claims

Dogan told 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 stated 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 manipulated by Dominique Pelicot. “I tried to halt,” the accused stated to the court. “I continued because he reassured me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I did not intend to harm that lady.”

Victim's Response

The victim, who was cheered upon leaving court each day by onlookers present to back her, told the defendant in court: “You haven’t understood. When will you admit you violated me? It is unlawful to rape an unconscious woman. At what point did I give you consent? Never.”

The victim, seventy-two, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “The shame should shift.”

Legal Commentary

The prosecutor, speaking to the victim in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. The community is maybe in the course of that, perhaps driven by the public consciousness brought by the revelation of your case.”

Sie said Dogan’s claims of non-guilt showed how rape culture was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

Sie said to Dogan: “As long as you reject it, it’s not just a individual, it’s an whole unpleasant cultural framework 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 caretaker. The evidence indicated that his parent was aggressive and that the defendant began using drugs aged ten. When Dogan was 17 he was caught by authorities for drug trafficking and his father evicted him the residence. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a construction worker but had faced periods of living on the streets.

He was wed and had a child with a genetic condition, who he was the principal carer for, as his wife worked in a educational cafeteria. The evidence showed his spouse did not know he had frequent intimate relations beyond their marriage. His legal team said this was his method of dealing with his challenging existence. The defendant had told a evaluator that each year he sought transactional encounters on his birthday. His attorneys told the court he had joint inflammation triggered by the pressure of the first trial.