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A man was declared guilty on retrial of raping Gisèle Pelicot after she was drugged unconscious by her then-husband – and received his prison sentence increased to a decade.

Appeal Trial

Dogan, forty-four, an unemployed builder, who had appealed his first conviction last year, experienced a retrial this week at the Nîmes court of appeal.

A panel of five men and four women, sitting with three judges, found Dogan guilty on Thursday of raping Pelicot in her residence in southern France in the early hours of 29 June 2019.

The testimony revealed that the accused, a family man, reached out to the victim's husband at the time, Dominique Pelicot, in an digital platform named “unbeknownst to her”, where Pelicot was seeking men to come to his home to rape his wife once he had rendered her unconscious into a deep sleep.

“We hope the panel will declare that in this nation, human rights are also women’s rights – that agreement is individual, not given by another,” declared the victim's lawyer, her legal representative. “Agreement is received personally and not via a representative from a husband.”

Context

Dominique Pelicot, a notorious sexual predators in modern French history, was given a prison term to 20 years in prison last year for incapacitating his then wife and soliciting numerous individuals to rape her in her home in the town of Mazan over a span of nearly ten years of their marriage.

Fifty other men were found culpable in a high-profile trial last year, and Dogan was the only man to challenge his verdict. He was initially sentenced to nine years in prison, a punishment raised on Thursday to a decade.

The state's attorney, the prosecutor, had argued he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

Dogan had first sent the husband sexually explicit photos and then driven an hour from his residence in Provence to assault the victim, after telling his wife he was stepping out, the testimony revealed.

The ex-husband, who was brought from segregation in prison to briefly give evidence at the hearing, informed the court that Dogan had been aware his wife had been “sedated” and he told to men by phone: “I want someone to abuse my wife after I’ve put her to sleep without her consent.”

The courtroom became a central issue for a larger conversation on societal attitudes in society as Dogan continued to say he was innocent and had not engaged in violation, contending that because Gisèle Pelicot’s husband had allowed him into the residence, his conduct had been justifiable.

The jury in the higher court was presented with recorded footage of the victim's limp body, sedated and snoring in a comatose state, while a smiling Dogan committed rape on several occasions over a period of what authorities reported was several hours. The judge said she had been at danger of fatal outcome by choking. The prosecution said there was no question that she had been unconscious and had not given permission.

Defendant's Statements

The defendant told the court the videos were simply “sexual encounters” and rejected it was assault. He said what he did was “an intimate behavior”, not rape. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I proceeded because he reassured me.”

Asked if he wanted to make a last words to the court, Dogan said: “I did not intend to injure that individual.”

Victim's Response

The victim, who was cheered upon leaving court each day by onlookers assembled to stand with her, told the defendant in court: “You haven’t understood. When will you acknowledge you raped me? It is unlawful to rape an unconscious woman. At what point did I give you agreement? Not once.”

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

State's Argument

Sie, addressing Gisèle Pelicot in court, said the defendant's refusal to take responsibility showed that: “Guilt has not shifted. Society is perhaps in the midst of that, maybe propelled by the societal understanding resulting from the publication of your case.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still common in society as part of “old-fashioned” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a ethos of permission.”

Sie addressed the defendant: “While you refuse to admit it, it’s not just a person, it’s an complete disturbing cultural framework that you are endorsing.”

Defendant's Background

The accused was born in Turkey and at the age of 5 relocated to France, where his father worked as a concierge. The testimony revealed that his parent was violent and that the defendant began consuming marijuana at the age of 10. When he was 17 he was stopped by authorities for selling narcotics and his parent forced him to leave of home. He spent time in prison for trafficking in his early 20s and had worked as a laborer but had undergone periods of living on the streets.

He was married and had a child with Down’s syndrome, who he was the principal carer for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had repeated extramarital activities beyond their marriage. His defence said this was his strategy for managing with his difficult circumstances. Dogan had stated to a mental health expert that once a year he sought paid sex on his special day. His legal representatives informed the court he had arthritis resulting from the anxiety of the first trial.