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An individual has been found guilty on appeal of sexually assaulting Gisele Pelicot following she was sedated by her spouse – and was given his jail term extended to 10 years.

Retrial Proceedings

The defendant, forty-four, an out-of-work construction worker, who had challenged his first conviction last year, experienced a retrial this week at the Nîmes court of appeal.

A panel of four women and five men, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her residence in Provence in the morning of June 29, 2019.

The testimony revealed that the accused, a married father, connected with the victim's husband at the time, Dominique Pelicot, in an internet forum named “unbeknownst to her”, where Pelicot was seeking men to come to his home to assault his wife once he had rendered her unconscious into a unconscious state.

We expect the jury will declare that in this society, fundamental rights are also rights of women – that permission is personal, not transferred,” stated the victim's lawyer, her legal representative. “Agreement is obtained personally and not via a representative from a spouse.”

Background

The ex-husband, one of the worst sexual predators in recent French history, was sentenced to two decades in prison last year for incapacitating his wife at the time and inviting multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a span of many years of their union.

Numerous other individuals were found culpable in a widely publicized trial last year, and Dogan was the only man to challenge his verdict. He was first given a sentence to nine years in prison, a penalty increased on Thursday to ten years.

The lead state prosecutor, the prosecutor, had stated he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Evidence Presented

Dogan had initially sent the husband sexually explicit photos and then driven an hour from his village in the region to rape Gisèle Pelicot, after notifying his wife he was going out, the testimony revealed.

Pelicot, who was brought from segregation in prison to temporarily testify at the hearing, informed the court that Dogan had been aware his wife had been “drugged” and he communicated to men by phone: “I want someone to violate my wife after I’ve sedated her unbeknownst to her.”

The trial 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, stating that because the victim's husband had welcomed him into the room, his conduct had been justifiable.

The panel in the higher court was displayed video evidence of the victim's unresponsive form, unconscious and breathing heavily in a deep sleep, while a grinning the perpetrator committed rape on several occasions over a duration of what police said was three and a half hours. The judge said she had been at peril of fatal outcome by suffocation. The state's case said there was no doubt that she had been unconscious and had not agreed.

Accused's Testimony

Dogan stated to the court the recordings were simply “intimate moments” and denied it was rape. He said what he did was “an intimate behavior”, not assault. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I continued because he convinced me.”

Asked if he wanted to make a last words to the court, Dogan said: “I had no desire to harm that lady.”

Survivor's Statement

The victim, who was supported upon leaving court each day by crowds present to stand with her, told the defendant in court: “You do not grasp. When will you acknowledge you raped me? It is illegal to rape an incapacitated woman. When did I ever give you permission? At no time.”

The victim, 72, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, speaking to the victim in court, said the defendant's unwillingness to take blame showed that: “Guilt has not shifted. The public is perhaps in the midst of that, possibly motivated by the public consciousness resulting from the revelation of your case.”

Sie said the defendant's claims of non-guilt showed how societal tolerance 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 society based on agreement.”

The prosecutor said to the defendant: “For as much as you reject it, it’s not just a person, it’s an entire unpleasant social system that you are supporting.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of 5 came to the nation of France, where his father worked as a building manager. The court heard that his parent was abusive and that Dogan began consuming marijuana at the age of 10. When he was seventeen he was stopped by police for drug trafficking and his parent kicked him out the residence. He spent time in prison for trafficking in his young adulthood and had worked as a construction worker but had experienced periods of homelessness.

He was married and had a son with Down’s syndrome, who he was the principal carer for, as his wife worked in a educational cafeteria. The testimony revealed his spouse did not know he had frequent intimate relations beyond their marriage. His legal team said this was his method of dealing with his challenging existence. The defendant had told a evaluator that annually he sought transactional encounters on his special day. His attorneys informed the court he had arthritis resulting from the anxiety of the initial proceedings.