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A man was declared guilty on retrial of raping Gisele Pelicot after she was sedated by her then-husband – and was given his prison sentence raised to ten years.

Appeal Trial

Dogan, forty-four, 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 nine jurors, joined by three judges, convicted Dogan on Thursday of raping Pelicot in her home in Provence in the early hours of June 29, 2019.

The evidence showed that the accused, a family man, connected with Gisèle Pelicot’s then husband, the husband, in an internet forum called “without her knowledge”, where the husband was recruiting men to visit his house to rape his wife once he had drugged her into a deep sleep.

We expect the jury will say loud and clear that in this nation, human rights are also rights of women – that consent is personal, not delegated,” stated Gisèle Pelicot’s attorney, her legal representative. “Consent is obtained personally and not by proxy from a husband.”

Context

The ex-husband, one of the worst sexual predators in modern French history, was sentenced to twenty years in prison last year for incapacitating his then wife and soliciting multiple perpetrators to sexually assault her in her home in the community of the village of Mazan over a duration of nearly ten years of their union.

Fifty other men were found guilty in a widely publicized trial last year, and Dogan was the only man to appeal against his conviction. He was initially sentenced to nine years in prison, a penalty enhanced on Thursday to ten years.

The chief prosecutor, Dominique Sie, had stated he should serve 12 years, because he “absolutely refuses to take any accountability”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot graphic images and then driven an hour from his village in the region to rape the victim, after informing his wife he was stepping out, the evidence indicated.

Pelicot, who was brought from isolation in prison to briefly testify at the hearing, informed the court that the accused had been aware his wife had been “incapacitated” and he told to men by phone: “I want someone to assault my wife after I’ve sedated her without her knowledge.”

The trial became a key topic for a broader debate on societal attitudes in society as Dogan continued to claim he was blameless and had not engaged in violation, contending that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his behavior had been acceptable.

The jury in the higher court was presented with video evidence of Gisèle Pelicot’s unresponsive form, comatose and breathing heavily in a unconscious condition, while a smiling the perpetrator performed assault repeatedly over a duration of what police said was several hours. The court official said she had been at danger of fatal outcome by suffocation. The state's case said there was no doubt that she had been unaware and had not consented.

Dogan's Claims

Dogan informed the court the recordings were simply “sex scenes” and denied it was rape. He said what he did was “an intimate behavior”, not assault. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was permissible. He said he was influenced by the husband. “I attempted to cease,” the accused told the court. “I carried on because he persuaded me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I never wanted to hurt that woman.”

Survivor's Statement

The survivor, who was applauded upon leaving court each day by supporters present to support her, told the defendant in court: “You fail to comprehend. When will you admit you assaulted me? It’s a crime to rape an unaware woman. How could I have give you agreement? Not once.”

The victim, 72, became an global icon after she waived her right to anonymity in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “Shame has not yet changed sides. The public is maybe in the process of that, maybe driven by the societal understanding spurred by the publication of your case.”

Sie said the defendant's claims of blamelessness showed how normalized violence was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “We need to change the culture of violence to a society based on agreement.”

Sie said to the defendant: “As long as you deny it, it’s not just a woman, it’s an complete sordid societal structure that you are upholding.”

Defendant's Background

Dogan was born in Turkey and at the age of five came to the nation of France, where his parent worked as a caretaker. The evidence indicated that his father was aggressive and that the defendant began consuming marijuana at the age of ten. When he was 17 he was stopped by police for drug trafficking and his parent forced him to leave the family house. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a laborer but had undergone periods of being unhoused.

He was married and had a child with special needs, who he was the principal carer for, as his spouse worked in a institution's dining hall. The testimony revealed his spouse did not know he had repeated intimate relations outside their union. His legal team said this was his strategy for managing with his difficult circumstances. The defendant had told a mental health expert that annually he looked for paid sex on his birthday. His attorneys informed the court he had joint inflammation caused by the pressure of the first trial.