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A man was convicted on retrial of raping Gisèle Pelicot after she was sedated by her spouse – and was given his prison sentence increased to 10 years.

Higher Court Case

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

A panel of four women and five men, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her residence in Provence in the early hours of 29 June 2019.

The court heard that the accused, a family man, made contact with the victim's then husband, Dominique Pelicot, in an digital platform named “without her knowledge”, where the husband was seeking men to enter his residence to assault his wife once he had sedated her into a unconscious state.

“We hope the court will say loud and clear that in this nation, fundamental rights are also women’s rights – that permission is personal, not transferred,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is secured personally and not via a representative from a spouse.”

Background

Dominique Pelicot, a notorious sex offenders in France's contemporary records, was sentenced to two decades in prison last year for sedating his then wife and bringing in numerous individuals to rape her in her home in the community of Mazan over a period of many years of their marriage.

Numerous other individuals were found convicted in a notable trial last year, and the appellant was the single defendant to challenge his verdict. He was originally sentenced to nine years in prison, a sentence raised on Thursday to a decade.

The chief prosecutor, the prosecutor, had contended he should serve twelve years, because he “completely denies to take any responsibility”.

Courtroom Details

The defendant had first sent Dominique Pelicot graphic images and then traveled an hour from his town in the region to assault the victim, after informing his wife he was going out, the evidence indicated.

Pelicot, who was transported from isolation in prison to briefly provide testimony at the retrial, told the court that the accused had been aware his wife had been “sedated” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious without her consent.”

The trial became a central issue for a broader debate on rape culture in society as the defendant continued to claim he was not guilty and had not committed rape, arguing that because Gisèle Pelicot’s husband had invited him into the residence, his conduct had been justifiable.

The panel in the higher court was displayed recorded footage of the victim's unresponsive form, unconscious and breathing heavily in a deep sleep, while a smiling Dogan engaged in violation on several occasions over a period of what police said was 3.5 hours. The presiding judge said she had been at peril of death by suffocation. The state's case said there was absolute certainty that she had been unaware and had not given permission.

Defendant's Statements

Dogan told the court the recordings were simply “sexual encounters” and denied it was assault. He said what he did was “a sexual act”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I carried on because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to hurt that woman.”

Victim's Response

The survivor, who was applauded upon leaving court each day by supporters present to stand with her, addressed the defendant in court: “You haven’t understood. When will you acknowledge you raped me? It is illegal to rape an unaware woman. When did I ever give you consent? Not once.”

The victim, 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.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said Dogan’s failure to take accountability showed that: “Shame has not yet changed sides. The public is perhaps in the course of that, maybe propelled by the public consciousness brought by the exposure of your situation.”

The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still prevalent in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

Sie addressed Dogan: “For as much as you reject it, it’s not just a individual, it’s an whole sordid social system that you are upholding.”

Defendant's Background

The accused was born in Turkey and at the age of 5 moved to France, where his parent worked as a concierge. The evidence indicated that his father was violent and that the defendant began using drugs at the age of ten. When he was seventeen he was apprehended by police for dealing drugs and his father evicted him the residence. He served time in prison for narcotics offenses in his early 20s and had worked as a construction worker but had experienced periods of being unhoused.

He was married and had a son with special needs, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The testimony revealed his spouse did not know he had frequent intimate relations beyond their marriage. His defence said this was his method of dealing with his stressful life. The defendant had stated to a court psychologist that once a year he sought transactional encounters on his special day. His lawyers informed the court he had a medical condition triggered by the pressure of the original case.