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A man was declared guilty on higher court review of raping Gisele Pelicot following she was rendered comatose by her husband – and was given his incarceration period raised to ten years.

Retrial Proceedings

The defendant, 44, an unemployed builder, who had contested his first conviction last year, underwent a appeal hearing this week at the higher court in Nîmes.

A jury of four women and five men, accompanied by three judges, convicted Dogan on Thursday of raping Pelicot in her residence in the south of France in the early hours of June 29, 2019.

The evidence showed that the accused, a family man, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom titled “without her consent”, where Pelicot was looking for men to enter his residence to rape his wife after he had drugged her into a comatose state.

“We hope the court will affirm that in this country, human rights are also women’s rights – that permission is personal, not given by another,” declared the victim's attorney, her legal representative. “Consent is secured directly and not through someone else from a spouse.”

Background

The ex-husband, among the most severe sex offenders in modern French history, was sentenced to 20 years in prison last year for sedating his spouse and inviting multiple perpetrators to rape her in her home in the town of the village of Mazan over a period of nearly ten years of their union.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and the appellant was the only man to contest his sentence. He was originally sentenced to 9 years in prison, a sentence enhanced on Thursday to ten years.

The chief prosecutor, Dominique Sie, had stated he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Courtroom Details

Dogan had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his town in the region to assault Gisèle Pelicot, after informing his wife he was stepping out, the testimony revealed.

Pelicot, who was brought from segregation in prison to briefly give evidence at the retrial, told the court that Dogan had known his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a key topic for a larger conversation on rape culture in society as Dogan continued to say he was not guilty and had not committed rape, arguing that because Gisèle Pelicot’s husband had welcomed him into the residence, his behavior had been permissible.

The jury in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a deep sleep, while a smiling the perpetrator performed assault multiple times over a timeframe of what police said was three and a half hours. The presiding judge said she had been at peril of death by choking. The prosecution said there was absolute certainty that she had been unconscious and had not agreed.

Dogan's Claims

Dogan stated to the court the recordings were simply “sex scenes” and denied it was violation. He said what he did was “a consensual activity”, not assault. He declared the court: “I did not commit rape.” He said the victim's husband had invited him to the residence, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I proceeded because he persuaded me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to hurt that woman.”

Victim's Response

The victim, who was applauded upon departing the trial each day by crowds gathered to stand with her, told Dogan in court: “You haven’t understood. When will you admit you raped me? It is illegal to assault an unaware woman. At what point did I give you agreement? Not once.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, addressing the victim in court, said the defendant's failure to take accountability showed that: “Shame has not yet changed sides. The community is maybe in the process of that, perhaps propelled by the public consciousness resulting from the exposure of your situation.”

The prosecutor said the defendant's claims of blamelessness showed how normalized violence was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

Sie addressed the defendant: “As long as you deny it, it’s not just a woman, it’s an complete sordid cultural framework that you are supporting.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of five relocated to the nation of France, where his parent worked as a caretaker. The testimony revealed that his father was violent and that the defendant began using drugs at the age of ten. When Dogan was seventeen he was caught by police for drug trafficking and his father kicked him out of home. He spent time in prison for trafficking in his early 20s and had worked as a builder but had faced periods of living on the streets.

He was married and had a son with a genetic condition, who he was the main caregiver for, as his wife worked in a school canteen. The court heard his spouse did not know he had frequent extramarital activities beyond their union. His legal team said this was his method of dealing with his stressful life. The defendant had told a mental health expert that each year he looked for commercial sex on his birthday. His legal representatives informed the court he had joint inflammation resulting from the anxiety of the initial proceedings.