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A man was declared guilty on retrial of raping Gisele Pelicot following she was drugged unconscious by her husband – and received his prison sentence increased to a decade.

Retrial Proceedings

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

A jury of four women and five men, joined by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her bedroom in Provence in the morning of June 29, 2019.

The evidence showed that the accused, a married father, made contact with Gisèle Pelicot’s spouse, the husband, in an digital platform named “without her consent”, where Pelicot was seeking men to come to his home to rape his wife after he had drugged her into a unconscious state.

“We hope the jury will affirm that in this society, fundamental rights are also women’s rights – that permission is personal, not delegated,” said Gisèle Pelicot’s lawyer, her legal representative. “Agreement is received directly and not by proxy from a spouse.”

Case History

The ex-husband, a notorious sexual predators in modern French history, was sentenced to two decades in prison last year for sedating his wife at the time and inviting dozens of men to sexually assault her in her home in the town of Mazan over a duration of almost a decade of their union.

Fifty other men were found guilty in a notable trial last year, and the appellant was the only man to appeal against his conviction. He was first handed a term to nine years in prison, a sentence enhanced on Thursday to ten years.

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

Evidence Presented

The defendant had initially sent the husband inappropriate pictures and then traveled an hour from his village in the region to rape Gisèle Pelicot, after informing his wife he was stepping out, the evidence indicated.

Pelicot, who was brought from isolation in prison to temporarily give evidence at the retrial, stated to the court that the accused had understood his wife had been “sedated” and he communicated to men by phone: “I seek someone to assault my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a central issue for a wider discussion on sexual violence norms in society as the defendant continued to assert he was innocent and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had invited him into the room, his actions had been acceptable.

The panel in the higher court was presented with recorded footage of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a unconscious condition, while a grinning the perpetrator performed assault repeatedly over a period of what police said was three and a half hours. The judge said she had been at danger of fatal outcome by asphyxiation. The prosecution said there was absolute certainty that she had been unaware and had not consented.

Defendant's Statements

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 declared the court: “I am innocent of assault.” He said the victim's husband had brought him to the home, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I carried on because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to injure that woman.”

Pelicot's Words

The victim, who was cheered upon departing the trial each day by crowds present to support her, told the defendant in court: “You fail to comprehend. When will you acknowledge you assaulted me? It’s a crime to rape an incapacitated woman. How could I have give you permission? Never.”

The victim, 72, became an international feminist hero after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, turning to the victim in court, said Dogan’s unwillingness to take responsibility showed that: “Guilt has not shifted. The public is perhaps in the process of that, possibly driven by the societal understanding spurred by the exposure of your situation.”

The prosecutor said the defendant's claims of innocence showed how normalized violence was still common in society as part of “outdated” forms of “male domination”. He said: “We need to change rape culture to a ethos of permission.”

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

Defendant's Background

Dogan was originated from the country of Turkey and at the age of 5 came to France, where his parent worked as a concierge. The evidence indicated that his parent was violent and that Dogan began consuming marijuana at the age of 10. When he was seventeen he was apprehended by police for dealing drugs and his father forced him to leave the family house. He served time in prison for narcotics offenses in his twenties and had worked as a construction worker but had experienced periods of homelessness.

He was wed and had a son with special needs, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The evidence showed his spouse did not know he had regular intimate relations beyond their union. His defence said this was his way of coping with his difficult circumstances. Dogan had informed a evaluator that annually he engaged in paid sex on his birthday. His attorneys informed the court he had arthritis caused by the stress of the initial proceedings.