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A defendant was declared guilty on retrial of sexually assaulting Gisele Pelicot following she was drugged unconscious by her then-husband – and was given his prison sentence raised to 10 years.

Retrial Proceedings

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

A panel of nine jurors, sitting with three judges, ruled against Dogan on Thursday of raping Pelicot in her bedroom in Provence in the morning of 29 June 2019.

The evidence showed that Dogan, a family man, made contact with Gisèle Pelicot’s husband at the time, the husband, in an internet forum called “without her consent”, where the husband was seeking men to enter his residence to rape his wife once he had sedated her into a deep sleep.

“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,” declared the victim's lawyer, her legal representative. “Consent is received directly and not via a representative from a husband.”

Background

Dominique Pelicot, among the most severe sexual predators in France's contemporary records, was handed a sentence to 20 years in prison last year for drugging his then wife and soliciting dozens of men to rape her in her home in the community of the village of Mazan over a span of almost a decade of their union.

Numerous other individuals were found guilty in a high-profile trial last year, and the appellant was the single defendant to appeal against his conviction. He was initially handed a term to 9 years in prison, a penalty raised on Thursday to ten years.

The state's attorney, the prosecutor, had stated he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Courtroom Details

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

Pelicot, who was transported from segregation in prison to briefly testify at the hearing, informed 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 put her to sleep without her consent.”

The trial became a focus point for a larger conversation on sexual violence norms in society as the defendant continued to say he was not guilty and had not committed rape, arguing that because Gisèle Pelicot’s husband had invited him into the residence, his behavior had been justifiable.

The jury in the Nîmes appeals court was displayed visual proof of Gisèle Pelicot’s unresponsive form, sedated and snoring in a comatose state, while a grinning the perpetrator engaged in violation on several occasions over a duration of what police said was three and a half hours. The court official 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 consented.

Dogan's Claims

Dogan informed the court the videos were simply “sexual encounters” and rejected it was assault. He said what he did was “a sexual act”, not rape. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I wanted to stop,” the accused stated to the court. “I proceeded because he reassured me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to harm that individual.”

Pelicot's Words

Gisèle Pelicot, who was cheered upon leaving court each day by supporters assembled to stand with her, said to Dogan in court: “You fail to comprehend. When are you going to recognise you violated me? It’s a crime to rape an unconscious woman. When did I ever give you consent? At no time.”

Gisèle Pelicot, 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.”

State's Argument

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's unwillingness to take responsibility showed that: “Guilt has not shifted. The community is perhaps in the midst of that, maybe motivated by the societal understanding brought by the publication of your ordeal.”

Sie said the defendant's claims of innocence showed how normalized violence was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “We need to change the culture of violence to a society based on agreement.”

Sie said to the defendant: “As long as you reject it, it’s not just a woman, it’s an entire sordid societal structure that you are upholding.”

Personal History

The accused was originated from Turkey and at the age of five relocated to the nation of France, where his father worked as a caretaker. The testimony revealed that his parent was abusive and that the defendant began consuming marijuana aged ten. When he was seventeen he was stopped by authorities for dealing drugs and his parent evicted him of home. He was incarcerated in prison for drug dealing in his early 20s and had worked as a laborer but had experienced periods of homelessness.

He was married and had a child with a genetic condition, who he was the principal carer for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had regular intimate relations beyond their union. His legal team said this was his method of dealing with his stressful life. Dogan had told a evaluator that annually he looked for transactional encounters on his birthday. His lawyers told the court he had a medical condition caused by the anxiety of the original case.