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An individual was declared guilty on retrial of sexually assaulting Gisèle Pelicot following she was sedated by her husband – and was given his jail term extended to 10 years.

Retrial Proceedings

The defendant, 44, an unemployed builder, who had appealed his initial guilty verdict last year, experienced a new trial this week at the higher court in Nîmes.

A jury of four women and five men, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her bedroom in the south of France in the early hours of June 29, 2019.

The evidence showed that the accused, a married father, reached out to Gisèle Pelicot’s then husband, the husband, in an internet forum called “without her knowledge”, where the husband was recruiting men to enter his residence 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 given by another,” said Gisèle Pelicot’s lawyer, her legal representative. “Permission is received directly and not through someone else from a husband.”

Background

The ex-husband, one of the worst sexual predators in modern French history, was sentenced to twenty years in prison last year for incapacitating his spouse and soliciting numerous individuals to rape her in her home in the Provence village of the village of Mazan over a period of many years of their union.

Numerous other individuals were found convicted in a high-profile trial last year, and the appellant was the single defendant to appeal against his conviction. He was originally given a sentence to nine years in prison, a penalty increased on Thursday to a decade.

The state's attorney, Dominique Sie, had stated he should serve twelve years, because he “completely denies to take any responsibility”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot graphic images and then traveled an hour from his residence in the region to assault the victim, after informing his wife he was leaving, the evidence indicated.

The ex-husband, who was brought from segregation in prison to temporarily give evidence at the hearing, told the court that the accused had understood his wife had been “drugged” and he told to men by phone: “I want someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a central issue for a larger conversation on sexual violence norms in society as Dogan continued to claim he was blameless and had not perpetrated assault, arguing that because the victim's husband had invited him into the bedroom, his behavior had been justifiable.

The panel in the Nîmes appeals court was presented with video evidence of Gisèle Pelicot’s unresponsive form, comatose and breathing heavily in a unconscious condition, while a grinning the perpetrator engaged in violation repeatedly over a duration of what investigators stated was several hours. The presiding judge said she had been at danger of death by suffocation. The prosecution said there was no question that she had been unaware and had not agreed.

Accused's Testimony

Dogan told the court the footage were simply “sex scenes” and rejected it was rape. He said what he did was “a consensual activity”, not rape. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused told the court. “I carried on because he persuaded me.”

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

Victim's Response

The survivor, who was supported upon exiting the courtroom each day by crowds assembled to support her, said to Dogan in court: “You do not grasp. When will you acknowledge you raped me? It’s a crime to assault an unaware woman. How could I have give you permission? Never.”

The victim, 72, became an international feminist hero after she waived her right to anonymity in the trial last year when she said: “The shame should shift.”

Legal Commentary

The prosecutor, turning to the victim in court, said Dogan’s failure to take accountability showed that: “Guilt has not shifted. The public is maybe in the course of that, possibly propelled by the societal understanding resulting from the revelation of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still common in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a culture of consent.”

The prosecutor said to the defendant: “For as much as you deny it, it’s not just a woman, it’s an entire sordid societal structure that you are supporting.”

Personal History

The accused was originated from Turkey and at the age of five came to France, where his father worked as a caretaker. The court heard that his father was violent and that Dogan began smoking cannabis aged 10. When he was seventeen he was caught by authorities for selling narcotics and his parent evicted him of home. He served time in prison for narcotics offenses in his early 20s and had worked as a builder but had faced periods of being unhoused.

He was married and had a son with special needs, who he was the primary guardian for, as his wife worked in a institution's dining hall. The court heard his spouse did not know he had frequent extramarital activities beyond their union. His defence said this was his strategy for managing with his stressful life. The defendant had informed a court psychologist that annually he engaged in transactional encounters on his birthday. His attorneys stated to the court he had a medical condition resulting from the anxiety of the original case.