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A man has been found guilty on retrial of raping Gisele Pelicot after she was drugged unconscious by her spouse – and received his incarceration period increased to 10 years.

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, underwent a appeal hearing this week at the higher court in Nîmes.

A jury of four women and five men, sitting with three judges, found Dogan guilty on Thursday of raping Pelicot in her residence in Provence in the early hours of 29 June 2019.

The court heard that the accused, a family man, connected with Gisèle Pelicot’s spouse, the husband, in an internet forum called “without her consent”, where the husband was looking for men to come to his home to rape his wife after he had drugged her into a comatose state.

We trust the panel will say loud and clear that in this country, fundamental rights are also women’s rights – that agreement is individual, not given by another,” stated Gisèle Pelicot’s attorney, her legal representative. “Permission is obtained directly and not through someone else from a spouse.”

Background

The ex-husband, among the most severe sex offenders in France's contemporary records, was given a prison term to two decades in prison last year for drugging his wife at the time and inviting numerous individuals to sexually assault her in her home in the town of the village of Mazan over a period of many years of their union.

Fifty other men were found guilty in a widely publicized trial last year, and the appellant was the single defendant to appeal against his sentence. He was originally handed a term to nine years in prison, a punishment raised on Thursday to 10 years.

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

Testimony and Proof

The defendant had initially sent the husband graphic images and then driven an hour from his residence in the region to assault the victim, after notifying his wife he was leaving, the evidence indicated.

Pelicot, who was transported from isolation in prison to temporarily testify at the appeal trial, informed the court that Dogan had understood his wife had been “sedated” and he told to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

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

The jury in the higher court was displayed recorded footage of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a comatose state, while a smiling the perpetrator engaged in violation on several occasions over a period of what authorities reported was several hours. The presiding judge said she had been at danger of death by asphyxiation. The state prosecution said there was absolute certainty that she had been unaware and had not agreed.

Accused's Testimony

Dogan stated to the court the footage were simply “sexual encounters” and disputed it was violation. He said what he did was “a sexual act”, not rape. He stated 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 deceived by the husband. “I attempted to cease,” Dogan informed the court. “I carried on because he persuaded me.”

Asked if he wanted to make a last words to the court, the defendant said: “I did not intend to harm that lady.”

Victim's Response

The victim, who was cheered upon leaving court each day by crowds assembled to stand with her, said to the defendant in court: “You do not grasp. When are you going to recognise you assaulted me? It is unlawful to assault an incapacitated woman. When did I ever give you permission? Not once.”

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

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s refusal to take accountability showed that: “Shame has not yet changed sides. Society is possibly in the course of that, perhaps propelled by the public consciousness brought by the revelation of your case.”

The prosecutor said Dogan’s claims of non-guilt showed how normalized violence was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change the culture of violence to a culture of consent.”

Sie addressed the defendant: “For as much as you refuse to admit it, it’s not just a person, it’s an whole unpleasant social system that you are endorsing.”

Defendant's Background

The accused was originated from Turkey and at the age of five moved to France, where his father worked as a concierge. The evidence indicated that his father was violent and that the defendant began using drugs aged ten. When he was 17 he was apprehended by police for selling narcotics and his parent forced him to leave the family house. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a builder but had faced periods of being unhoused.

He was wed and had a son with special needs, who he was the principal carer for, as his spouse worked in a school canteen. The court heard his wife did not know he had regular extramarital activities beyond their union. His defence said this was his method of dealing with his challenging existence. The defendant had informed a evaluator that each year he engaged in transactional encounters on his birthday. His lawyers stated to the court he had joint inflammation triggered by the pressure of the initial proceedings.