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An individual was declared guilty on retrial of raping Gisele Pelicot after she was sedated by her husband – and was given his prison sentence extended to ten years.

Higher Court Case

Dogan, forty-four, an out-of-work construction worker, who had appealed his initial guilty verdict last year, underwent a new trial this week at the appeals court in Nîmes.

A jury of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of raping the victim in her residence in Provence in the morning of June 29, 2019.

The testimony revealed that the accused, a married father, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum titled “unbeknownst to her”, where Pelicot was seeking men to enter his residence to assault his wife once he had sedated her into a unconscious state.

“We hope the panel will say loud and clear that in this society, human rights are also women’s rights – that agreement is personal, not given by another,” stated the victim's lawyer, her legal representative. “Consent is secured personally 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 incapacitating his spouse and soliciting numerous individuals to sexually assault her in her home in the community of the village of Mazan over a period of almost a decade of their union.

Dozens of additional defendants were found culpable in a high-profile trial last year, and the appellant was the sole individual to challenge his sentence. He was first sentenced to nine years in prison, a punishment enhanced on Thursday to a decade.

The state's attorney, the prosecutor, had argued he should serve 12 years, because he “completely denies to take any responsibility”.

Testimony and Proof

The defendant had first sent the husband sexually explicit photos and then traveled an hour from his village in the region to rape Gisèle Pelicot, after telling his wife he was stepping out, the testimony revealed.

Pelicot, who was brought from segregation in prison to briefly provide testimony at the retrial, informed the court that the accused had known his wife had been “drugged” and he said to men by phone: “I want someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a central issue for a wider discussion on societal attitudes in society as the defendant continued to assert he was not guilty and had not committed rape, stating that because Gisèle Pelicot’s husband had allowed him into the residence, his behavior had been permissible.

The panel in the higher court was displayed visual proof of Gisèle Pelicot’s limp body, sedated and snoring in a unconscious condition, while a grinning the perpetrator committed rape multiple times over a duration of what investigators stated was several hours. The judge said she had been at peril of death by asphyxiation. The prosecution said there was absolute certainty that she had been incapacitated and had not given permission.

Dogan's Claims

The defendant told the court the videos were simply “sexual encounters” and denied it was rape. He said what he did was “an intimate behavior”, not assault. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I wanted to stop,” Dogan told the court. “I carried on because he reassured me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I did not intend to harm that individual.”

Victim's Response

Gisèle Pelicot, who was cheered upon leaving court each day by onlookers gathered to stand with her, told the defendant in court: “You fail to comprehend. When will you acknowledge you raped me? It’s a crime to rape an unaware woman. At what point did I give you consent? Never.”

Gisèle Pelicot, seventy-two, became an global icon after she waived her right to privacy in the trial last year when she said: “The shame should shift.”

State's Argument

The prosecutor, speaking to the victim in court, said the defendant's failure to take responsibility showed that: “Guilt has not shifted. The public is perhaps in the course of that, perhaps propelled by the societal understanding resulting from the exposure of your case.”

Sie said Dogan’s claims of blamelessness showed how rape culture was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change rape culture to a society based on agreement.”

The prosecutor said to the defendant: “As long as you reject it, it’s not just a person, it’s an whole disturbing social system that you are upholding.”

Personal History

The accused was originated from the country of Turkey and at the age of five came to the nation of France, where his father worked as a concierge. The testimony revealed that his father was abusive and that the defendant began consuming marijuana aged 10. When Dogan was 17 he was stopped by police for dealing drugs and his father kicked him out the residence. He spent time in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had faced periods of homelessness.

He was wed and had a child with Down’s syndrome, who he was the main caregiver for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had repeated intimate relations outside their marriage. His legal team said this was his strategy for managing with his challenging existence. Dogan had informed a mental health expert that annually he engaged in transactional encounters on his birthday. His lawyers informed the court he had arthritis caused by the pressure of the first trial.