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An individual has been found guilty on retrial of raping Gisèle Pelicot after she was drugged unconscious by her then-husband – and has had his jail term extended to 10 years.

Retrial Proceedings

Dogan, 44, an out-of-work construction worker, who had contested his first conviction last year, faced a new trial this week at the higher court in Nîmes.

A jury of nine jurors, accompanied by three judges, convicted Dogan on Thursday of raping the victim in her residence in Provence in the early hours of 29 June 2019.

The testimony revealed that Dogan, a married father, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum called “unbeknownst to her”, where the husband was looking for men to come to his home to rape his wife once he had rendered her unconscious into a deep sleep.

“We hope the court will declare that in this society, human rights are also women’s rights – that permission is individual, not given by another,” stated Gisèle Pelicot’s attorney, her legal representative. “Agreement is obtained personally and not by proxy from a spouse.”

Context

Dominique Pelicot, a notorious sex offenders in France's contemporary records, was given a prison term to twenty years in prison last year for drugging his then wife and bringing in numerous individuals to rape her in her home in the community of Mazan over a period of almost a decade of their marriage.

Numerous other individuals were found culpable in a widely publicized trial last year, and the appellant was the single defendant to contest his verdict. He was initially given a sentence to 9 years in prison, a penalty enhanced on Thursday to ten years.

The chief prosecutor, Dominique Sie, had argued he should serve twelve years, because he “stubbornly rejects to take any blame”.

Evidence Presented

The defendant had initially sent the husband graphic images and then driven an hour from his town in Provence to rape Gisèle Pelicot, after informing his wife he was going out, the testimony revealed.

Pelicot, who was brought from isolation in prison to briefly testify at the retrial, stated to the court that the accused had known his wife had been “sedated” and he communicated 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 larger conversation on sexual violence norms in society as the defendant continued to assert he was not guilty and had not committed rape, contending that because the victim's husband had allowed him into the residence, his actions had been acceptable.

The jury in the higher court was presented with video evidence of Gisèle Pelicot’s limp body, sedated and snoring in a unconscious condition, while a smiling Dogan engaged in violation on several occasions over a timeframe of what investigators stated was several hours. The court official said she had been at peril of death by suffocation. The state prosecution said there was no question that she had been unaware and had not given permission.

Dogan's Claims

The defendant informed the court the videos were simply “sex scenes” and disputed it was violation. He said what he did was “a sexual act”, not rape. He declared the court: “I am innocent of assault.” He said the victim's husband had invited him to the residence, and therefore it was permissible. He said he was manipulated by the husband. “I wanted to stop,” Dogan informed the court. “I carried on because he reassured me.”

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

Victim's Response

The victim, who was cheered upon leaving court each day by crowds assembled to support her, addressed Dogan in court: “You do not grasp. When will you admit you assaulted 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 gave up her right to privacy in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, turning to Gisèle Pelicot in court, said the defendant's failure to take accountability showed that: “The shame remains. The community is maybe in the process of that, perhaps motivated by the societal understanding spurred by the exposure of your case.”

Sie said Dogan’s claims of blamelessness showed how societal tolerance was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “We need to change rape culture to a culture of consent.”

Sie told Dogan: “While you reject it, it’s not just a individual, it’s an complete sordid cultural framework that you are endorsing.”

Biographical Details

The accused was originated from Turkey and at the age of five moved to France, where his parent worked as a caretaker. The testimony revealed that his parent was violent and that the defendant began smoking cannabis at the age of 10. When he was seventeen he was apprehended by police for selling narcotics and his father kicked him out the residence. He was incarcerated in prison for trafficking in his young adulthood and had worked as a laborer but had faced periods of living on the streets.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The testimony revealed his wife did not know he had frequent sexual encounters beyond their marriage. His legal team said this was his strategy for managing with his difficult circumstances. The defendant had stated to a evaluator that once a year he looked for commercial sex on his birthday. His legal representatives informed the court he had arthritis caused by the stress of the original case.