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An individual has been found guilty on appeal of raping Gisele Pelicot after she was sedated by her spouse – and was given his prison sentence increased to 10 years.

Retrial Proceedings

The defendant, 44, an out-of-work construction worker, who had contested his first conviction last year, underwent a retrial this week at the Nîmes court of appeal.

A panel of five men and four women, joined by three judges, found Dogan guilty on Thursday of raping the victim in her bedroom in the south of France in the early hours of June 29, 2019.

The testimony revealed that the accused, a family man, reached out to the victim's spouse, the husband, in an internet forum named “without her knowledge”, where the husband was seeking men to come to his home to rape his wife once he had rendered her unconscious into a unconscious state.

“We hope the court will say loud and clear that in this nation, human rights are also women’s rights – that consent is personal, not delegated,” stated Gisèle Pelicot’s attorney, her legal representative. “Permission is obtained directly and not through someone else from a husband.”

Background

The husband, among the most severe sex offenders in modern French history, was handed a sentence to two decades in prison last year for sedating his spouse and inviting dozens of men to sexually assault her in her home in the community of Mazan over a duration of nearly ten years of their union.

Numerous other individuals were found convicted in a notable trial last year, and the appellant was the single defendant to contest his verdict. He was first sentenced to nine years in prison, a penalty increased on Thursday to ten years.

The chief prosecutor, Dominique Sie, had contended he should serve 12 years, because he “completely denies to take any accountability”.

Evidence Presented

The defendant had first sent the husband inappropriate pictures and then traveled an hour from his residence in Provence to rape Gisèle Pelicot, after telling his wife he was going out, the testimony revealed.

The ex-husband, who was transported from segregation in prison to temporarily provide testimony at the retrial, informed the court that Dogan had known his wife had been “drugged” and he said to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a focus point for a wider discussion on sexual violence norms in society as Dogan continued to say he was innocent and had not committed rape, arguing that because the victim's husband had invited him into the room, his conduct had been permissible.

The jury in the higher court was presented with video evidence of Gisèle Pelicot’s unresponsive form, unconscious and snoring in a comatose state, while a smiling Dogan committed rape repeatedly over a period of what police said was several hours. The presiding judge said she had been at peril of fatal outcome by asphyxiation. The state's case said there was no question that she had been unaware and had not agreed.

Defendant's Statements

Dogan told the court the footage were simply “intimate moments” and disputed it was rape. He said what he did was “a sexual act”, not rape. He told the court: “I never raped.” He said the victim's husband had brought him to the house, and therefore it was permissible. He said he was deceived by the husband. “I attempted to cease,” the accused told the court. “I proceeded because he reassured me.”

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

Survivor's Statement

The survivor, who was supported upon exiting the courtroom each day by supporters assembled to stand with her, told the defendant in court: “You do not grasp. When are you going to recognise you raped me? It is unlawful to assault an unaware woman. How could I have give you consent? Never.”

Gisèle Pelicot, 72, became an global icon after she gave up her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “Guilt has not shifted. The community is possibly in the process of that, possibly motivated by the societal understanding resulting from the publication of your situation.”

Sie said Dogan’s claims of innocence showed how rape culture was still common in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

Sie said to the defendant: “While you deny it, it’s not just a individual, it’s an whole disturbing societal structure that you are upholding.”

Personal History

Dogan was originated from the country of Turkey and at the age of five moved to the nation of France, where his father worked as a concierge. The testimony revealed that his father was aggressive and that the defendant began consuming marijuana at the age of 10. When Dogan was 17 he was stopped by authorities for drug trafficking and his father evicted him the residence. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a builder but had experienced periods of being unhoused.

He was married and had a child with special needs, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The evidence showed his spouse did not know he had frequent extramarital activities beyond their marriage. His defence said this was his method of dealing with his stressful life. Dogan had informed a court psychologist that each year he sought transactional encounters on his birthday. His attorneys informed the court he had joint inflammation triggered by the anxiety of the initial proceedings.