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A man was convicted on appeal of raping Gisèle Pelicot after she was rendered comatose by her spouse – and received his prison sentence raised to a decade.

Retrial Proceedings

Dogan, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, faced a retrial this week at the Nîmes court of appeal.

A panel of nine jurors, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her bedroom in southern France in the morning of June 29, 2019.

The evidence showed that Dogan, a family man, connected with Gisèle Pelicot’s spouse, the husband, in an internet forum titled “unbeknownst to her”, where the husband was recruiting men to enter his residence to rape his wife once he had drugged her into a comatose state.

We expect the court will say loud and clear that in this country, human rights are also rights of women – that permission is personal, not given by another,” stated the victim's attorney, Antoine Camus. “Agreement is received directly and not by proxy from a spouse.”

Context

The ex-husband, among the most severe sex offenders in France's contemporary records, was given a prison term to two decades in prison last year for sedating his then wife and inviting numerous individuals to sexually assault her in her home in the town of Mazan over a period of nearly ten years of their union.

Dozens of additional defendants were found guilty in a notable trial last year, and Dogan was the only man to contest his verdict. He was originally given a sentence to 9 years in prison, a penalty enhanced on Thursday to 10 years.

The chief prosecutor, the prosecutor, had contended he should serve twelve years, because he “completely denies to take any blame”.

Testimony and Proof

The defendant had first sent Dominique Pelicot graphic images and then traveled an hour from his town in Provence to rape the victim, after telling his wife he was going out, the evidence indicated.

Pelicot, who was brought from solitary confinement in prison to temporarily give evidence at the retrial, informed the court that the accused had known his wife had been “drugged” and he told to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a focus point for a wider discussion on societal attitudes in society as the defendant continued to say he was innocent and had not engaged in violation, arguing that because the victim's husband had invited him into the room, his behavior had been justifiable.

The jury in the higher court was shown video evidence of Gisèle Pelicot’s limp body, comatose and snoring in a comatose state, while a smiling Dogan performed assault repeatedly over a duration of what investigators stated was several hours. The court official said she had been at peril of death by choking. The state prosecution said there was absolute certainty that she had been unaware and had not agreed.

Dogan's Claims

Dogan stated to the court the videos were simply “sex scenes” and rejected it was violation. He said what he did was “an intimate behavior”, not assault. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I tried to halt,” the accused told the court. “I carried on because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to injure that woman.”

Survivor's Statement

Gisèle Pelicot, who was applauded upon leaving court each day by crowds present to back her, told the defendant in court: “You do not grasp. When will you acknowledge you violated me? It’s a crime to assault an incapacitated woman. At what point did I give you agreement? At no time.”

The victim, seventy-two, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, turning to the victim in court, said Dogan’s unwillingness to take blame showed that: “Shame has not yet changed sides. Society is possibly in the midst of that, maybe motivated by the societal understanding spurred by the revelation of your ordeal.”

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

The prosecutor said to Dogan: “For as much as you refuse to admit it, it’s not just a woman, it’s an complete unpleasant cultural framework that you are endorsing.”

Biographical Details

Dogan was born in Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a building manager. The testimony revealed that his father was aggressive and that the defendant began smoking cannabis at the age of ten. When he was 17 he was stopped by authorities for dealing drugs and his father kicked him out of home. He was incarcerated in prison for drug dealing in his twenties and had worked as a builder but had experienced periods of homelessness.

He was wed and had a son with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had repeated extramarital activities beyond their union. His legal team said this was his way of coping with his stressful life. The defendant had told a court psychologist that once a year he engaged in commercial sex on his special day. His legal representatives informed the court he had arthritis triggered by the pressure of the original case.