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A man was declared guilty on retrial of raping Gisèle Pelicot after she was drugged unconscious by her spouse – and received his jail term raised to ten years.

Retrial Proceedings

Dogan, 44, an unemployed builder, who had challenged his initial guilty verdict last year, experienced a new trial this week at the higher court in Nîmes.

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

The evidence showed that the accused, a family man, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum named “without her knowledge”, where Pelicot was looking for men to enter his residence to assault his wife after he had rendered her unconscious into a deep sleep.

“We hope the panel will say loud and clear that in this country, human rights are also rights of women – that agreement is individual, not given by another,” said the victim's attorney, Antoine Camus. “Permission is received personally and not by proxy from a husband.”

Case History

The husband, a notorious sexual predators in recent French history, was sentenced to 20 years in prison last year for drugging his spouse and soliciting multiple perpetrators to rape her in her home in the community of the village of Mazan over a period of nearly ten years of their union.

Numerous other individuals were found guilty in a widely publicized trial last year, and the appellant was the single defendant to challenge his conviction. He was initially given a sentence to 9 years in prison, a sentence raised on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had stated he should serve 12 years, because he “stubbornly rejects to take any blame”.

Testimony and Proof

The defendant 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 going out, the testimony revealed.

The ex-husband, who was brought from segregation in prison to briefly testify at the hearing, informed the court that the accused had been aware his wife had been “drugged” and he told to men by phone: “I want someone to violate my wife after I’ve sedated her without her knowledge.”

The courtroom became a focus point for a broader debate on rape culture in society as Dogan continued to claim he was not guilty and had not engaged in violation, contending that because the victim's husband had invited him into the residence, his behavior had been justifiable.

The jury in the higher court was presented with video evidence of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a unconscious condition, while a grinning Dogan committed rape multiple times over a timeframe of what police said was 3.5 hours. The judge said she had been at risk of death by suffocation. The state prosecution said there was absolute certainty that she had been unconscious and had not consented.

Defendant's Statements

Dogan stated to the court the recordings were simply “sex scenes” and disputed it was rape. He said what he did was “a consensual activity”, not rape. He stated the court: “I am innocent of assault.” He said the victim's husband had brought him to the house, and therefore it was acceptable. He said he was deceived by the husband. “I tried to halt,” Dogan informed the court. “I proceeded because he persuaded me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I did not intend to injure that woman.”

Victim's Response

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by supporters gathered to back her, addressed Dogan in court: “You do not grasp. When will you acknowledge you raped me? It’s a crime to rape an incapacitated woman. At what point did I give you agreement? At no time.”

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

Legal Commentary

The prosecutor, addressing the victim in court, said the defendant's failure to take accountability showed that: “Guilt has not shifted. The public is maybe in the midst of that, possibly driven by the societal understanding resulting from the revelation of your ordeal.”

Sie said Dogan’s claims of innocence showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

The prosecutor addressed the defendant: “While you refuse to admit it, it’s not just a woman, it’s an complete unpleasant cultural framework that you are supporting.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of five moved to the nation of France, where his father worked as a building manager. The testimony revealed that his parent was abusive and that Dogan began smoking cannabis aged ten. When Dogan was 17 he was apprehended by police for selling narcotics and his parent kicked him out the residence. He spent time in prison for drug dealing in his early 20s and had worked as a construction worker but had undergone periods of homelessness.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The evidence showed his wife did not know he had regular intimate relations beyond their marriage. His defence said this was his strategy for managing with his challenging existence. Dogan had told a mental health expert that once a year he looked for paid sex on his special day. His lawyers informed the court he had arthritis triggered by the pressure of the initial proceedings.