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An individual was declared guilty on retrial of sexually assaulting Gisele Pelicot after she was drugged unconscious by her husband – and was given his jail term raised to a decade.

Higher Court Case

The defendant, 44, an unemployed builder, who had appealed his first conviction last year, experienced a new trial this week at the Nîmes court of appeal.

A jury of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of raping Pelicot in her bedroom in southern France in the early hours of June 29, 2019.

The evidence showed that the accused, a family man, made contact with the victim's then husband, the husband, in an digital platform titled “without her knowledge”, where the husband was seeking men to enter his residence to assault his wife once he had drugged her into a deep sleep.

We trust the court will declare that in this society, fundamental rights are also rights of women – that agreement is individual, not given by another,” declared Gisèle Pelicot’s attorney, her legal representative. “Consent is obtained directly and not via a representative from a spouse.”

Background

The ex-husband, among the most severe sexual predators in recent French history, was sentenced to two decades in prison last year for incapacitating his then wife and bringing in dozens of men to rape her in her home in the Provence village of the village of Mazan over a span of many years of their marriage.

Fifty other men were found culpable in a high-profile trial last year, and the appellant was the single defendant to contest his verdict. He was initially handed a term to 9 years in prison, a penalty increased on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had argued he should serve twelve years, because he “completely denies to take any blame”.

Testimony and Proof

The defendant had first sent the husband sexually explicit photos and then traveled an hour from his residence in the region to rape Gisèle Pelicot, after notifying his wife he was going out, the testimony revealed.

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

The courtroom became a central issue for a wider discussion on rape culture in society as the defendant continued to say he was innocent and had not committed rape, stating that because Gisèle Pelicot’s husband had allowed him into the room, his actions had been permissible.

The jury in the Nîmes appeals court was shown recorded footage of the victim's unconscious figure, unconscious and breathing heavily in a comatose state, while a smiling the perpetrator engaged in violation repeatedly over a period of what investigators stated was 3.5 hours. The judge said she had been at danger of death by choking. The state prosecution said there was absolute certainty that she had been unconscious and had not agreed.

Accused's Testimony

The defendant told the court the recordings were simply “intimate moments” and denied 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 Gisèle Pelicot’s husband had allowed him to the house, and therefore it was acceptable. He said he was influenced by the husband. “I attempted to cease,” Dogan stated to the court. “I continued because he convinced me.”

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

Victim's Response

Gisèle Pelicot, who was applauded upon leaving court each day by supporters assembled to back her, addressed Dogan in court: “You do not grasp. When are you going to recognise you raped me? It’s a crime to rape an incapacitated woman. When did I ever give you consent? Not once.”

The victim, seventy-two, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, addressing the victim in court, said the defendant's unwillingness to take responsibility showed that: “The shame remains. Society is possibly in the course of that, perhaps driven by the collective awareness brought by the revelation of your case.”

The prosecutor said the defendant's claims of non-guilt showed how rape culture was still widespread 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.”

Sie addressed Dogan: “As long as you reject it, it’s not just a woman, it’s an whole sordid cultural framework that you are supporting.”

Personal History

Dogan was originated from the country of Turkey and at the age of 5 came to France, where his parent worked as a caretaker. The court heard that his father was violent and that Dogan began using drugs aged 10. When he was seventeen he was caught by authorities for selling narcotics and his father evicted him the family house. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a builder but had faced periods of homelessness.

He was wed and had a son with Down’s syndrome, who he was the primary guardian for, as his wife worked in a institution's dining hall. The evidence showed his spouse did not know he had repeated intimate relations beyond their union. His legal team said this was his way of coping with his difficult circumstances. Dogan had stated to a mental health expert that annually he sought transactional encounters on his special day. His attorneys stated to the court he had arthritis caused by the anxiety of the initial proceedings.