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A defendant has been found guilty on retrial of raping Gisèle Pelicot after she was rendered comatose by her husband – and received his incarceration period increased to 10 years.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, underwent a appeal hearing this week at the appeals court in Nîmes.

A panel of four women and five men, joined by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her home in southern France in the early hours of June 29, 2019.

The evidence showed that Dogan, a married father, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum named “without her knowledge”, where the husband was seeking men to visit his house to rape his wife once he had rendered her unconscious into a comatose state.

“We hope the panel will declare that in this country, fundamental rights are also women’s rights – that permission is individual, not transferred,” declared the victim's lawyer, her legal representative. “Permission is secured personally and not by proxy from a husband.”

Case History

The ex-husband, among the most severe sexual predators in modern French history, was sentenced to 20 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 many years of their marriage.

Dozens of additional defendants were found culpable in a notable trial last year, and the appellant was the only man to challenge his sentence. He was first handed a term to nine years in prison, a punishment enhanced on Thursday to ten years.

The state's attorney, the prosecutor, had contended he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Evidence Presented

Dogan had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his residence in the region to assault Gisèle Pelicot, after notifying his wife he was stepping out, the testimony revealed.

Pelicot, who was brought from isolation in prison to briefly give evidence at the retrial, informed the court that Dogan had been aware his wife had been “drugged” and he communicated to men by phone: “I want someone to assault my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a central issue for a wider discussion on sexual violence norms in society as Dogan continued to claim he was blameless and had not perpetrated assault, stating that because the victim's husband had welcomed him into the residence, his actions had been acceptable.

The panel in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s limp body, sedated and breathing heavily in a unconscious condition, while a smiling the perpetrator engaged in violation multiple times over a timeframe of what police said was several hours. The presiding judge said she had been at peril of death by asphyxiation. The state prosecution said there was no question that she had been unaware and had not consented.

Accused's Testimony

The defendant stated to the court the footage were simply “intimate moments” and rejected it was rape. He said what he did was “a consensual activity”, not rape. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I continued because he convinced me.”

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

Survivor's Statement

Gisèle Pelicot, who was cheered upon departing the trial each day by crowds gathered to back her, told Dogan in court: “You do not grasp. When will you admit you violated me? It is illegal to rape an unconscious woman. When did I ever give you consent? Never.”

The victim, 72, became an international feminist hero after she waived her right to privacy in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, turning to the victim in court, said Dogan’s unwillingness to take blame showed that: “The shame remains. The community is perhaps in the process of that, maybe motivated by the collective awareness spurred by the revelation of your situation.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “Now we must change rape culture to a culture of consent.”

The prosecutor said to Dogan: “For as much as you reject it, it’s not just a individual, it’s an complete sordid societal structure that you are supporting.”

Personal History

Dogan was originated from Turkey and at the age of 5 came to France, where his parent worked as a caretaker. The court heard that his father was aggressive and that the defendant began using drugs aged ten. When he was 17 he was apprehended by police for dealing drugs and his father kicked him out the family house. He spent time in prison for narcotics offenses in his young adulthood and had worked as a builder but had experienced periods of living on the streets.

He was wed and had a son with special needs, 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 beyond their marriage. His legal team said this was his way of coping with his stressful life. The defendant had informed a evaluator that annually he looked for paid sex on his special day. His legal representatives told the court he had arthritis caused by the stress of the original case.