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A defendant was convicted on appeal of sexually assaulting Gisele Pelicot following she was drugged unconscious by her then-husband – and received his jail term extended to ten years.

Retrial Proceedings

The defendant, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, faced a retrial this week at the appeals court in Nîmes.

A jury of nine jurors, joined by three judges, found Dogan guilty on Thursday of raping Pelicot in her home in the south of France in the early hours of June 29, 2019.

The testimony revealed that Dogan, a family man, reached out to Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform called “unbeknownst to her”, where the husband was recruiting men to enter his residence to rape his wife once he had drugged her into a unconscious state.

“We hope the jury will declare that in this nation, human rights are also rights of women – that consent is individual, not transferred,” stated the victim's attorney, Antoine Camus. “Permission is secured personally and not via a representative from a spouse.”

Background

Dominique Pelicot, a notorious sexual predators in recent French history, was sentenced to 20 years in prison last year for drugging his wife at the time and bringing in dozens of men to sexually assault her in her home in the Provence village of Mazan over a duration of nearly ten years of their marriage.

Dozens of additional defendants were found guilty in a widely publicized trial last year, and the appellant was the single defendant to appeal against his sentence. He was initially given a sentence to nine years in prison, a sentence enhanced on Thursday to 10 years.

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

Evidence Presented

The defendant had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his town in Provence to assault the victim, after informing his wife he was leaving, the evidence indicated.

Pelicot, who was brought from solitary confinement in prison to briefly testify at the appeal trial, informed the court that the accused had understood his wife had been “sedated” and he told to men by phone: “I’m looking for someone to violate my wife after I’ve sedated her without her consent.”

The courtroom became a central issue for a broader debate on rape culture in society as the defendant continued to say he was innocent and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had welcomed him into the residence, his actions had been justifiable.

The panel in the Nîmes appeals court was displayed video evidence of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a deep sleep, while a grinning Dogan committed rape multiple times over a timeframe of what authorities reported was three and a half hours. The presiding judge said she had been at peril of death by suffocation. The prosecution said there was no question that she had been incapacitated and had not consented.

Defendant's Statements

The defendant informed the court the footage were simply “sexual encounters” and disputed it was rape. He said what he did was “a sexual act”, not rape. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I attempted to cease,” Dogan told the court. “I continued because he persuaded me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to injure that woman.”

Pelicot's Words

The survivor, who was supported upon leaving court each day by supporters gathered to back her, said to Dogan in court: “You do not grasp. When will you admit you violated me? It’s a crime to assault an unconscious woman. When did I ever give you consent? At no time.”

The victim, 72, became an international feminist hero after she gave up her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's refusal to take responsibility showed that: “The shame remains. Society is perhaps in the process of that, possibly motivated by the societal understanding spurred by the publication of your situation.”

The prosecutor said the defendant's claims of blamelessness showed how normalized violence was still widespread in society as part of “archaic” forms of “gender-based power”. He said: “We need to change rape culture to a culture of consent.”

The prosecutor said to the defendant: “While you reject it, it’s not just a person, it’s an entire unpleasant social system that you are endorsing.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of 5 moved to the nation of France, where his father worked as a concierge. The court heard that his parent was violent and that the defendant began using drugs aged 10. When he was 17 he was stopped by authorities for selling narcotics and his parent kicked him out of home. He spent time in prison for drug dealing in his twenties and had worked as a laborer but had faced periods of being unhoused.

He was married and had a son with Down’s syndrome, who he was the main caregiver for, as his wife worked in a institution's dining hall. The evidence showed his wife did not know he had repeated sexual encounters beyond their union. His defence said this was his method of dealing with his difficult circumstances. Dogan had stated to a court psychologist that annually he engaged in commercial sex on his special day. His lawyers informed the court he had a medical condition caused by the anxiety of the initial proceedings.