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An individual has been found guilty on retrial of sexually assaulting Gisele Pelicot following she was drugged unconscious by her husband – and has had his incarceration period raised to ten years.

Retrial Proceedings

The defendant, forty-four, an unemployed builder, who had appealed his initial guilty verdict last year, faced a appeal hearing this week at the higher court in Nîmes.

A jury of five men and four women, joined by three judges, found Dogan guilty on Thursday of raping the victim in her home in Provence in the early hours 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 internet forum named “without her knowledge”, where Pelicot was looking for men to come to his home to assault his wife after he had rendered her unconscious into a comatose state.

We expect the court will affirm that in this society, fundamental rights are also women’s rights – that permission is personal, not transferred,” said the victim's attorney, Antoine Camus. “Permission is obtained personally and not via a representative from a spouse.”

Context

Dominique Pelicot, among the most severe sex offenders in France's contemporary records, was handed a sentence to 20 years in prison last year for sedating his then wife and inviting dozens of men to rape her in her home in the community of the village of Mazan over a period of many years of their marriage.

Numerous other individuals were found culpable in a notable trial last year, and the appellant was the sole individual to appeal against his conviction. He was initially sentenced to 9 years in prison, a penalty raised on Thursday to a decade.

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

Testimony and Proof

The defendant had initially sent the husband inappropriate pictures and then driven an hour from his residence 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 solitary confinement in prison to briefly testify at the retrial, stated to the court that Dogan had known his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to violate my wife after I’ve put her to sleep without her consent.”

The courtroom became a key topic for a larger conversation on rape culture in society as Dogan continued to claim he was innocent and had not engaged in violation, contending that because Gisèle Pelicot’s husband had allowed him into the room, his conduct had been permissible.

The panel in the higher court was displayed recorded footage of Gisèle Pelicot’s limp body, sedated and snoring in a comatose state, while a grinning Dogan committed rape on several occasions over a period of what police said was 3.5 hours. The presiding judge said she had been at danger of death by suffocation. The prosecution said there was no question that she had been unconscious and had not agreed.

Defendant's Statements

The defendant stated to the court the recordings were simply “sexual encounters” and rejected it was assault. He said what he did was “a sexual act”, not rape. He stated the court: “I am innocent of assault.” He said the victim's husband had allowed him to the home, and therefore it was acceptable. He said he was manipulated by the husband. “I attempted to cease,” Dogan told the court. “I proceeded because he reassured me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I had no desire to harm that woman.”

Pelicot's Words

The survivor, who was cheered upon leaving court each day by supporters present to support her, said to the defendant in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is unlawful to rape an unaware woman. At what point did I give you agreement? Never.”

Gisèle Pelicot, 72, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said the defendant's failure to take accountability showed that: “The shame remains. Society is perhaps in the process of that, perhaps propelled by the collective awareness brought by the revelation of your case.”

The prosecutor said the defendant's claims of blamelessness 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 rape culture to a society based on agreement.”

Sie said to the defendant: “For as much as you reject it, it’s not just a person, it’s an complete sordid societal structure that you are supporting.”

Defendant's Background

Dogan was born in Turkey and at the age of 5 moved to France, where his parent worked as a building manager. The court heard that his parent was abusive and that Dogan began consuming marijuana aged ten. When Dogan was 17 he was stopped by police for dealing drugs and his father kicked him out of home. He served time in prison for narcotics offenses in his early 20s and had worked as a laborer but had experienced periods of living on the streets.

He was married and had a son with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The court heard his spouse did not know he had frequent extramarital activities outside their union. His legal team said this was his strategy for managing with his stressful life. Dogan had informed a mental health expert that once a year he engaged in transactional encounters on his special day. His attorneys stated to the court he had a medical condition triggered by the pressure of the initial proceedings.