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A defendant was declared guilty on retrial of raping Gisèle Pelicot following she was sedated by her spouse – and has had his prison sentence increased to a decade.

Retrial Proceedings

Dogan, forty-four, an unemployed builder, who had appealed his first conviction last year, underwent a new trial this week at the Nîmes court of appeal.

A panel of five men and four women, accompanied by three judges, found Dogan guilty on Thursday of raping the victim in her bedroom in the south of France in the morning of June 29, 2019.

The evidence showed that Dogan, a married father, made contact with Gisèle Pelicot’s husband at the time, the husband, in an internet forum titled “unbeknownst to her”, where Pelicot was looking for men to come to his home to assault his wife once he had rendered her unconscious into a deep sleep.

We trust the court will declare that in this nation, fundamental rights are also women’s rights – that agreement is personal, not delegated,” declared the victim's lawyer, Antoine Camus. “Agreement is received directly and not by proxy from a husband.”

Background

The ex-husband, a notorious sexual predators in recent French history, was handed a sentence to two decades in prison last year for drugging his spouse and bringing in numerous individuals to sexually assault her in her home in the Provence village of Mazan over a span of almost a decade of their marriage.

Numerous other individuals were found culpable in a notable trial last year, and the appellant was the sole individual to challenge his sentence. He was originally sentenced to nine years in prison, a penalty enhanced on Thursday to ten years.

The chief prosecutor, the prosecutor, had argued he should serve twelve years, because he “stubbornly rejects to take any blame”.

Evidence Presented

Dogan had initially sent the husband graphic images and then traveled an hour from his village in the region to rape the victim, after telling his wife he was stepping out, the testimony revealed.

Pelicot, who was transported from solitary confinement in prison to briefly testify at the appeal trial, told the court that the accused had been aware his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a focus point for a wider discussion on sexual violence norms in society as the defendant continued to say he was blameless and had not engaged in violation, stating that because Gisèle Pelicot’s husband had allowed him into the room, his behavior had been acceptable.

The jury in the higher court was presented with visual proof of the victim's limp body, unconscious and snoring in a comatose state, while a smiling Dogan committed rape on several occasions over a period of what authorities reported was 3.5 hours. The court official said she had been at risk of fatal outcome by asphyxiation. The state's case said there was absolute certainty that she had been unaware and had not consented.

Accused's Testimony

Dogan told the court the videos were simply “sexual encounters” and rejected it was rape. He said what he did was “an intimate behavior”, not rape. He declared the court: “I am innocent of assault.” He said the victim's husband had invited him to the home, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I wanted to stop,” Dogan stated to the court. “I carried on because he reassured me.”

Asked if he wanted to make a last words to the court, Dogan said: “I never wanted to harm that individual.”

Victim's Response

The survivor, who was applauded upon leaving court each day by onlookers gathered to stand with her, told Dogan in court: “You haven’t understood. When will you admit you raped me? It is illegal to rape an unaware woman. At what point did I give you permission? Never.”

Gisèle Pelicot, 72, became an symbol of resistance after she waived her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, addressing the victim in court, said Dogan’s refusal to take responsibility showed that: “The shame remains. The public is maybe in the process of that, maybe propelled by the collective awareness spurred by the revelation of your case.”

The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “gender-based power”. He said: “Now we must change the culture of violence to a society based on agreement.”

Sie told Dogan: “For as much as you deny it, it’s not just a woman, it’s an whole sordid societal structure that you are endorsing.”

Personal History

The accused was originated from the country of Turkey and at the age of five moved to the nation of France, where his father worked as a building manager. The testimony revealed that his parent was violent and that the defendant began consuming marijuana at the age of 10. When Dogan was seventeen he was caught by authorities for dealing drugs and his father kicked him out of home. He served time in prison for narcotics offenses in his young adulthood and had worked as a laborer but had experienced periods of homelessness.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his wife worked in a educational cafeteria. The testimony revealed his spouse did not know he had regular sexual encounters outside their union. His defence said this was his way of coping with his difficult circumstances. The defendant had told a mental health expert that once a year he looked for paid sex on his birthday. His lawyers informed the court he had a medical condition caused by the stress of the first trial.