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An individual has been found guilty on retrial of raping Gisèle Pelicot after she was sedated by her husband – and was given his incarceration period raised to a decade.

Appeal Trial

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

A panel of five men and four women, joined by three judges, ruled against Dogan on Thursday of raping the victim in her residence in Provence in the morning of June 29, 2019.

The court heard that the accused, a family man, connected with the victim's then husband, the husband, in an digital platform titled “without her consent”, where the husband was seeking men to enter his residence to assault his wife once he had rendered her unconscious into a unconscious state.

We expect the jury will affirm that in this country, fundamental rights are also women’s rights – that agreement is individual, not transferred,” declared the victim's lawyer, Antoine Camus. “Permission is obtained directly and not via a representative from a husband.”

Context

Dominique Pelicot, among the most severe sexual predators in recent French history, was given a prison term to two decades in prison last year for drugging his wife at the time and inviting dozens of men to rape her in her home in the town of Mazan over a period of almost a decade of their marriage.

Fifty other men were found culpable in a notable trial last year, and the appellant was the sole individual to challenge his conviction. He was originally given a sentence to 9 years in prison, a penalty increased on Thursday to a decade.

The chief prosecutor, the prosecutor, had contended he should serve twelve years, because he “completely denies to take any responsibility”.

Testimony and Proof

The defendant had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his village in Provence to rape Gisèle Pelicot, after telling his wife he was stepping out, the testimony revealed.

Pelicot, who was brought from segregation in prison to temporarily testify at the appeal trial, informed the court that the accused had known his wife had been “sedated” and he told to men by phone: “I seek someone to violate my wife after I’ve sedated her without her consent.”

The trial became a focus point for a larger conversation on rape culture in society as Dogan continued to claim he was blameless and had not perpetrated assault, stating that because the victim's husband had invited him into the residence, his conduct had been acceptable.

The jury in the Nîmes appeals court was shown video evidence of the victim's unresponsive form, unconscious and breathing heavily in a deep sleep, while a smiling the perpetrator engaged in violation multiple times over a timeframe of what police said was three and a half hours. The judge said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was no question that she had been incapacitated and had not given permission.

Defendant's Statements

Dogan stated to the court the footage were simply “sex scenes” and disputed it was violation. He said what he did was “a sexual act”, not assault. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I attempted to cease,” Dogan informed the court. “I proceeded because he convinced me.”

Asked if he wanted to make a last words to the court, the defendant said: “I did not intend to harm that lady.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon leaving court each day by onlookers gathered to back her, said to the defendant in court: “You fail to comprehend. When will you admit you assaulted me? It is unlawful to assault an incapacitated woman. At what point did I give you permission? Not once.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, turning to Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “Shame has not yet changed sides. The community is maybe in the process of that, maybe propelled by the public consciousness resulting from the revelation of your case.”

The prosecutor said Dogan’s claims of blamelessness showed how normalized violence was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

The prosecutor addressed Dogan: “While you refuse to admit it, it’s not just a individual, it’s an entire disturbing cultural framework that you are upholding.”

Biographical Details

Dogan was born in the country of Turkey and at the age of five came 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 using drugs aged 10. When Dogan was 17 he was stopped by authorities for dealing drugs and his parent evicted him the residence. He spent time in prison for drug dealing in his twenties and had worked as a construction worker 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 wife worked in a school canteen. The evidence showed his spouse did not know he had frequent sexual encounters outside their marriage. His legal team said this was his way of coping with his difficult circumstances. The defendant had stated to a mental health expert that annually he looked for paid sex on his birthday. His lawyers told the court he had a medical condition resulting from the anxiety of the initial proceedings.