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A man has been found guilty on retrial of raping Gisèle Pelicot following she was sedated by her spouse – and received his incarceration period extended to ten years.

Appeal Trial

The defendant, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, underwent a new trial this week at the Nîmes court of appeal.

A panel of nine jurors, joined by three judges, convicted Dogan on Thursday of raping Pelicot in her home in the south of France in the morning of 29 June 2019.

The testimony revealed that Dogan, a family man, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum called “without her consent”, where the husband was recruiting men to enter his residence to assault his wife after he had sedated her into a deep sleep.

“We hope the panel will affirm that in this society, human rights are also women’s rights – that permission is personal, not delegated,” stated Gisèle Pelicot’s lawyer, her legal representative. “Consent is received directly and not by proxy from a spouse.”

Context

The ex-husband, among the most severe sexual predators in France's contemporary records, was sentenced to two decades in prison last year for sedating his wife at the time and bringing in multiple perpetrators to rape her in her home in the town of Mazan over a span of almost a decade of their marriage.

Numerous other individuals were found culpable in a notable trial last year, and Dogan was the only man to contest his conviction. He was originally given a sentence to nine years in prison, a punishment raised on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had contended he should serve twelve years, because he “completely denies to take any accountability”.

Evidence Presented

Dogan had first sent the husband sexually explicit photos and then traveled an hour from his town in Provence to assault the victim, after notifying his wife he was stepping out, the evidence indicated.

Pelicot, who was brought from isolation in prison to temporarily provide testimony at the retrial, stated to the court that Dogan had known his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a key topic for a wider discussion on rape culture in society as Dogan continued to claim he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his behavior had been acceptable.

The panel in the higher court was presented with recorded footage of Gisèle Pelicot’s limp body, unconscious and snoring in a deep sleep, while a smiling Dogan performed assault repeatedly over a period of what investigators stated was several hours. The judge said she had been at danger of death by choking. The state prosecution said there was no question that she had been unaware and had not agreed.

Accused's Testimony

The defendant stated to the court the recordings were simply “sexual encounters” and denied it was violation. He said what he did was “an intimate behavior”, not assault. He stated the court: “I never raped.” He said the victim's husband had allowed him to the house, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused stated to the court. “I proceeded because he convinced me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I never wanted to hurt that lady.”

Survivor's Statement

Gisèle Pelicot, who was supported upon exiting the courtroom each day by onlookers assembled to stand with her, said to the defendant in court: “You do not grasp. When will you admit you assaulted me? It is illegal to rape an incapacitated woman. At what point did I give you consent? At no time.”

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

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s refusal to take blame showed that: “Guilt has not shifted. Society is maybe in the midst of that, perhaps motivated by the public consciousness spurred by the revelation of your ordeal.”

Sie said Dogan’s claims of innocence showed how rape culture was still widespread in society as part of “outdated” forms of “male domination”. He said: “Now we must change rape culture to a society based on agreement.”

The prosecutor told Dogan: “As long as you refuse to admit it, it’s not just a individual, it’s an entire disturbing societal structure that you are endorsing.”

Biographical Details

Dogan was born in Turkey and at the age of five moved to the nation of France, where his parent worked as a caretaker. The testimony revealed that his father was abusive and that the defendant began consuming marijuana aged ten. When he was seventeen he was caught by police for dealing drugs and his parent forced him to leave the family house. He spent time in prison for drug dealing in his young adulthood and had worked as a construction worker but had experienced periods of being unhoused.

He was married and had a son with special needs, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The evidence showed his spouse did not know he had repeated sexual encounters beyond their marriage. His defence said this was his way of coping with his difficult circumstances. The defendant had told a evaluator that each year he sought paid sex on his birthday. His lawyers told the court he had a medical condition triggered by the stress of the first trial.