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A defendant has been found guilty on appeal of raping Gisele Pelicot following she was rendered comatose by her husband – and has had his prison sentence extended to 10 years.

Retrial Proceedings

Dogan, forty-four, an unemployed builder, who had contested his initial guilty verdict last year, faced a retrial this week at the appeals court in Nîmes.

A jury of nine jurors, sitting with three judges, found Dogan guilty on Thursday of raping the victim in her bedroom in Provence in the morning of June 29, 2019.

The court heard that the accused, a married father, connected with Gisèle Pelicot’s then husband, the husband, in an digital platform called “without her consent”, where Pelicot was looking for men to visit his house to rape his wife once he had rendered her unconscious into a comatose state.

“We hope the jury will affirm that in this country, fundamental rights are also women’s rights – that consent is personal, not delegated,” declared the victim's attorney, Antoine Camus. “Agreement is obtained personally and not through someone else from a husband.”

Background

The ex-husband, among the most severe sexual predators in modern French history, was given a prison term to twenty years in prison last year for incapacitating his spouse and inviting dozens of men to rape her in her home in the town of Mazan over a duration of nearly ten years of their union.

Dozens of additional defendants were found culpable in a high-profile trial last year, and the appellant was the only man to challenge his verdict. He was first handed a term to 9 years in prison, a penalty raised on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had stated he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Evidence Presented

Dogan had initially sent the husband sexually explicit photos and then driven an hour from his town in Provence to rape Gisèle Pelicot, after telling his wife he was going out, the testimony revealed.

The ex-husband, who was transported from segregation in prison to temporarily give evidence at the appeal trial, stated to the court that the accused had known his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a key topic for a wider discussion on societal attitudes in society as Dogan continued to assert he was blameless and had not engaged in violation, stating that because Gisèle Pelicot’s husband had invited him into the residence, his behavior had been permissible.

The panel in the Nîmes appeals court was presented with recorded footage of Gisèle Pelicot’s unresponsive form, sedated and snoring in a deep sleep, while a smiling Dogan engaged in violation repeatedly over a period of what investigators stated was three and a half hours. The presiding judge said she had been at danger of death by choking. The state prosecution said there was no question that she had been incapacitated and had not given permission.

Dogan's Claims

The defendant stated to the court the footage were simply “sex scenes” and denied it was violation. He said what he did was “a sexual act”, not assault. He stated the court: “I did not commit rape.” He said the victim's husband had allowed him to the house, and therefore it was permissible. He said he was manipulated by the husband. “I attempted to cease,” the accused told the court. “I carried on because he reassured me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to hurt that individual.”

Survivor's Statement

The victim, who was cheered upon leaving court each day by crowds assembled to back her, told Dogan in court: “You fail to comprehend. When are you going to recognise you violated me? It’s a crime to assault an unconscious woman. When did I ever give you agreement? At no time.”

The victim, 72, became an global icon after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “The shame remains. The public is possibly in the midst of that, possibly motivated by the societal understanding brought by the revelation of your ordeal.”

Sie said Dogan’s claims of innocence showed how normalized violence was still widespread in society as part of “outdated” forms of “male domination”. He said: “Now we must change rape culture to a ethos of permission.”

The prosecutor said to Dogan: “For as much as you deny it, it’s not just a individual, it’s an entire sordid cultural framework that you are endorsing.”

Biographical Details

The accused was born in the country of Turkey and at the age of 5 came to France, where his parent worked as a building manager. The court heard that his father was aggressive and that Dogan began consuming marijuana aged 10. When Dogan was 17 he was apprehended by police for drug trafficking and his father evicted him the residence. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a builder but had experienced periods of living on the streets.

He was married and had a child with a genetic condition, who he was the main caregiver for, as his wife worked in a institution's dining hall. The evidence showed his wife did not know he had repeated sexual encounters outside their marriage. His legal team said this was his method of dealing with his challenging existence. The defendant had stated to a mental health expert that once a year he engaged in transactional encounters on his special day. His legal representatives stated to the court he had joint inflammation triggered by the pressure of the initial proceedings.