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An individual has been found guilty on retrial of raping Gisèle Pelicot following she was drugged unconscious by her spouse – and received his incarceration period increased to ten years.

Retrial Proceedings

Dogan, forty-four, an out-of-work construction worker, who had challenged his initial guilty verdict last year, underwent a retrial this week at the Nîmes court of appeal.

A jury of nine jurors, joined by three judges, ruled against Dogan on Thursday of raping the victim in her residence in the south of France in the morning of 29 June 2019.

The testimony revealed that the accused, a family man, made contact with Gisèle Pelicot’s spouse, the husband, in an internet forum titled “unbeknownst to her”, where Pelicot was seeking men to visit his house to assault his wife after he had rendered her unconscious into a comatose state.

We expect the jury will declare that in this society, fundamental rights are also women’s rights – that permission is personal, not delegated,” said the victim's attorney, her legal representative. “Consent is secured personally and not by proxy from a husband.”

Case History

Dominique Pelicot, one of the worst sex offenders in recent French history, was given a prison term to twenty years in prison last year for incapacitating his then wife and inviting dozens of men 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 guilty in a high-profile trial last year, and the appellant was the sole individual to challenge his sentence. He was first handed a term to 9 years in prison, a sentence enhanced on Thursday to a decade.

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

Courtroom Details

Dogan had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his village in Provence to rape the victim, after notifying his wife he was stepping out, the court heard.

The ex-husband, who was transported from isolation in prison to briefly testify at the retrial, stated to the court that Dogan had known his wife had been “sedated” and he said to men by phone: “I want someone to violate my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a focus point for a larger conversation on sexual violence norms in society as Dogan continued to claim he was blameless and had not engaged in violation, contending that because the victim's husband had welcomed him into the bedroom, his actions had been acceptable.

The jury in the higher court was displayed recorded footage of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a comatose state, while a smiling Dogan engaged in violation on several occasions over a period of what police said was 3.5 hours. The judge said she had been at peril of fatal outcome by choking. The prosecution said there was absolute certainty that she had been unaware and had not given permission.

Accused's Testimony

Dogan informed the court the footage were simply “sex scenes” and disputed it was assault. He said what he did was “an intimate behavior”, not assault. He told the court: “I never raped.” He said the victim's husband had brought him to the residence, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I attempted to cease,” Dogan told the court. “I carried on because he reassured me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I never wanted to injure that woman.”

Pelicot's Words

Gisèle Pelicot, who was supported upon exiting the courtroom each day by crowds assembled to stand with her, told the defendant in court: “You do not grasp. When will you admit you raped me? It is unlawful to assault an unconscious woman. When did I ever give you consent? At no time.”

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

State's Argument

Sie, addressing the victim in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. Society is maybe in the process of that, maybe driven by the societal understanding resulting from the exposure of your ordeal.”

Sie said Dogan’s claims of non-guilt showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change rape culture to a culture of consent.”

Sie told the defendant: “While you refuse to admit it, it’s not just a individual, it’s an whole sordid cultural framework that you are upholding.”

Personal History

Dogan was originated from the country of Turkey and at the age of five moved to France, where his father worked as a building manager. The court heard that his parent was aggressive and that the defendant began using drugs aged ten. When Dogan was 17 he was caught by authorities for drug trafficking and his parent evicted him the residence. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a construction worker but had experienced 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 repeated intimate relations beyond their marriage. His defence said this was his strategy for managing with his challenging existence. The defendant had told a court psychologist that each year he sought transactional encounters on his special day. His legal representatives stated to the court he had arthritis triggered by the anxiety of the initial proceedings.