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An individual was declared guilty on retrial of raping Gisèle Pelicot following she was drugged unconscious by her spouse – and received his jail term raised to a decade.

Retrial Proceedings

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

A jury of five men and four women, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her home in the south of France 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 online chatroom named “unbeknownst to her”, where Pelicot was looking for men to enter his residence to rape his wife once he had sedated her into a unconscious state.

We trust the court 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 attorney, Antoine Camus. “Permission is obtained personally and not via a representative from a husband.”

Background

The husband, one of the worst sex offenders in recent French history, was handed a sentence to two decades in prison last year for sedating his wife at the time and bringing in dozens of men to rape her in her home in the town of the village of Mazan over a duration of nearly ten years of their marriage.

Numerous other individuals were found guilty in a high-profile trial last year, and Dogan was the only man to contest his verdict. He was originally sentenced to 9 years in prison, a sentence enhanced on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had stated he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Evidence Presented

Dogan had first sent the husband sexually explicit photos and then driven an hour from his village in the region to rape Gisèle Pelicot, after telling his wife he was leaving, the testimony revealed.

Pelicot, who was transported from segregation in prison to briefly testify at the retrial, informed the court that the accused had known his wife had been “incapacitated” and he said to men by phone: “I seek someone to violate my wife after I’ve sedated her unbeknownst to her.”

The proceedings became a central issue for a larger conversation on societal attitudes in society as Dogan continued to say he was innocent and had not committed rape, arguing that because the victim's husband had allowed him into the room, his conduct had been permissible.

The jury in the Nîmes appeals court was presented with recorded footage of the victim's unresponsive form, sedated and breathing heavily in a comatose state, while a grinning Dogan engaged in violation multiple times over a duration of what investigators stated was several hours. The court official said she had been at risk of death by suffocation. The state prosecution said there was no doubt that she had been unaware and had not given permission.

Dogan's Claims

Dogan stated to the court the videos were simply “intimate moments” and denied it was assault. He said what he did was “a sexual act”, not assault. He declared the court: “I never raped.” He said the victim's husband had allowed him to the house, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I did not intend to harm that individual.”

Victim's Response

The victim, who was applauded upon departing the trial each day by supporters assembled to stand with her, addressed Dogan in court: “You do not grasp. When will you admit you violated me? It’s a crime to rape an unconscious woman. When did I ever give you consent? Never.”

Gisèle Pelicot, seventy-two, became an global icon after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's unwillingness to take responsibility showed that: “The shame remains. The community is maybe in the course of that, possibly propelled by the societal understanding spurred by the publication of your case.”

The prosecutor said the defendant's claims of non-guilt showed how normalized violence was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a society based on agreement.”

The prosecutor told the defendant: “While you reject it, it’s not just a woman, it’s an whole unpleasant social system that you are upholding.”

Defendant's Background

Dogan was originated from Turkey and at the age of five relocated to the nation of France, where his father worked as a building manager. The testimony revealed that his father was abusive and that Dogan began smoking cannabis aged 10. When Dogan was 17 he was caught by police for dealing drugs and his parent evicted him the residence. He served time in prison for narcotics offenses in his young adulthood and had worked as a laborer but had undergone periods of being unhoused.

He was married and had a son with a genetic condition, who he was the main caregiver for, as his wife worked in a educational cafeteria. The testimony revealed his spouse did not know he had frequent extramarital activities outside their marriage. His defence said this was his strategy for managing with his difficult circumstances. Dogan had informed a court psychologist that each year he engaged in commercial sex on his special day. His attorneys stated to the court he had joint inflammation resulting from the pressure of the first trial.