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A defendant has been found guilty on retrial of raping Gisèle Pelicot after she was rendered comatose by her then-husband – and was given his prison sentence extended to 10 years.

Retrial Proceedings

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

A jury of five men and four women, joined by three judges, ruled against Dogan on Thursday of raping the victim in her home in the south of France in the early hours of June 29, 2019.

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

We expect the panel will affirm that in this country, human rights are also rights of women – that agreement is individual, not given by another,” declared Gisèle Pelicot’s attorney, her legal representative. “Consent is obtained personally and not by proxy from a husband.”

Context

Dominique Pelicot, among the most severe sex offenders in modern French history, was sentenced to two decades in prison last year for incapacitating his wife at the time and bringing in dozens of men to sexually assault her in her home in the town of the village of Mazan over a span of almost a decade of their union.

Numerous other individuals were found guilty in a widely publicized trial last year, and Dogan was the single defendant to challenge his conviction. He was originally handed a term to nine years in prison, a penalty increased on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had argued he should serve 12 years, because he “absolutely refuses to take any blame”.

Courtroom Details

Dogan had initially sent the husband sexually explicit photos and then traveled an hour from his town in the region to rape Gisèle Pelicot, after telling his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from segregation in prison to temporarily testify at the hearing, informed the court that Dogan had been aware his wife had been “drugged” and he said to men by phone: “I want someone to abuse my wife after I’ve sedated her without her knowledge.”

The proceedings became a focus point for a wider discussion on rape culture in society as the defendant continued to claim he was blameless and had not committed rape, arguing that because Gisèle Pelicot’s husband had invited him into the residence, his actions had been acceptable.

The panel in the Nîmes appeals court was shown recorded footage of the victim's unresponsive form, sedated and snoring in a unconscious condition, while a grinning the perpetrator performed assault on several occasions over a period of what authorities reported was 3.5 hours. The court official said she had been at peril of fatal outcome by asphyxiation. The state's case said there was no question that she had been incapacitated and had not given permission.

Defendant's Statements

Dogan stated to the court the footage were simply “sexual encounters” and disputed 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 the victim's husband had brought him to the residence, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I wanted to stop,” the accused told the court. “I carried on because he reassured me.”

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

Survivor's Statement

The survivor, who was applauded upon leaving court each day by crowds assembled to support her, told Dogan in court: “You fail to comprehend. When will you acknowledge you raped me? It is unlawful to assault an unaware woman. When did I ever give you consent? Not once.”

Gisèle Pelicot, 72, became an international feminist hero after she gave up her right to confidentiality in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take blame showed that: “The shame remains. The community is maybe in the course of that, maybe propelled by the public consciousness brought by the publication of your case.”

The prosecutor said the defendant's claims of blamelessness showed how societal tolerance was still common 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 told Dogan: “While you reject it, it’s not just a individual, it’s an entire disturbing cultural framework that you are supporting.”

Personal History

The accused was originated from the country of Turkey and at the age of five relocated to France, where his father worked as a caretaker. The testimony revealed that his father was violent and that the defendant began consuming marijuana at the age of 10. When he was seventeen he was apprehended by authorities for selling narcotics and his parent evicted him the family house. He was incarcerated in prison for trafficking in his early 20s and had worked as a builder but had faced periods of being unhoused.

He was married and had a child with Down’s syndrome, who he was the principal carer for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had frequent extramarital activities beyond their union. His legal team said this was his strategy for managing with his challenging existence. Dogan had informed a mental health expert that each year he sought transactional encounters on his birthday. His legal representatives told the court he had arthritis triggered by the stress of the original case.