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A man was convicted on retrial of raping Gisèle Pelicot following she was rendered comatose by her then-husband – and has had his incarceration period increased to 10 years.

Retrial Proceedings

The defendant, forty-four, an unemployed builder, who had contested his first conviction last year, experienced a new trial this week at the appeals court in Nîmes.

A jury of four women and five men, sitting with three judges, ruled against Dogan on Thursday of raping the victim in her home in southern France in the morning of 29 June 2019.

The evidence showed that Dogan, a family man, connected with Gisèle Pelicot’s husband at the time, the husband, in an internet forum called “unbeknownst to her”, where the husband was recruiting men to visit his house to assault his wife after he had rendered her unconscious into a deep sleep.

We trust the panel will declare that in this society, human rights are also rights of women – that consent is individual, not delegated,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is secured directly and not by proxy from a spouse.”

Context

The ex-husband, among the most severe sexual predators in recent French history, was handed a sentence to twenty years in prison last year for sedating his then wife and bringing in multiple perpetrators to sexually assault her in her home in the town of Mazan over a span of almost a decade of their union.

Dozens of additional defendants were found guilty in a notable trial last year, and Dogan was the sole individual to contest his conviction. He was initially sentenced to nine years in prison, a penalty enhanced on Thursday to ten years.

The state's attorney, the prosecutor, had stated he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Courtroom Details

Dogan had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in the region to assault Gisèle Pelicot, after notifying his wife he was leaving, the evidence indicated.

The ex-husband, who was brought from solitary confinement in prison to temporarily provide testimony at the retrial, informed the court that Dogan had understood his wife had been “sedated” and he said to men by phone: “I seek someone to violate my wife after I’ve put her to sleep without her consent.”

The courtroom became a focus point for a broader debate on societal attitudes in society as the defendant continued to assert he was innocent and had not committed rape, stating that because the victim's husband had allowed him into the bedroom, his behavior had been permissible.

The jury in the Nîmes appeals court was shown visual proof of the victim's unresponsive form, comatose and snoring in a unconscious condition, while a grinning Dogan engaged in violation on several occasions over a duration of what police said was three and a half hours. The court official said she had been at danger of fatal outcome by choking. The prosecution said there was absolute certainty that she had been unconscious and had not consented.

Dogan's Claims

The defendant told the court the recordings were simply “sexual encounters” and denied it was rape. He said what he did was “a consensual activity”, not assault. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I attempted to cease,” Dogan told the court. “I carried on because he persuaded me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I did not intend to hurt that lady.”

Victim's Response

The survivor, who was cheered upon departing the trial each day by supporters present to stand with her, said to the defendant in court: “You do not grasp. When will you admit you raped me? It is unlawful to rape an unconscious woman. When did I ever give you permission? Not once.”

Gisèle Pelicot, 72, became an international feminist hero after she relinquished her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, turning to the victim in court, said the defendant's refusal to take blame showed that: “The shame remains. Society is possibly in the process of that, maybe propelled by the public consciousness spurred by the revelation of your situation.”

Sie said the defendant's claims of blamelessness showed how societal tolerance was still prevalent 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.”

The prosecutor told the defendant: “While you refuse to admit it, it’s not just a individual, it’s an entire disturbing cultural framework that you are supporting.”

Biographical Details

Dogan was originated from Turkey and at the age of five moved to France, where his parent worked as a building manager. The evidence indicated that his father was aggressive and that the defendant began smoking cannabis at the age of ten. When Dogan was seventeen he was caught by police for drug trafficking and his father forced him to leave the family house. He was incarcerated in prison for trafficking in his early 20s and had worked as a laborer but had undergone periods of homelessness.

He was married and had a son with a genetic condition, who he was the primary guardian for, as his wife worked in a institution's dining hall. The evidence showed his wife did not know he had frequent intimate relations beyond their union. His defence said this was his way of coping with his difficult circumstances. Dogan had informed a mental health expert that annually he engaged in transactional encounters on his special day. His legal representatives stated to the court he had joint inflammation caused by the stress of the initial proceedings.