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A man has been found guilty on retrial of raping Gisele Pelicot following she was rendered comatose by her spouse – and received his prison sentence raised to a decade.

Higher Court Case

The defendant, 44, an unemployed builder, who had challenged his first conviction last year, faced a retrial this week at the higher court in Nîmes.

A panel of nine jurors, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her home in southern France in the early hours of 29 June 2019.

The evidence showed that Dogan, a married father, connected with Gisèle Pelicot’s husband at the time, the husband, in an internet forum titled “unbeknownst to her”, where the husband was seeking men to come to his home to rape his wife once he had rendered her unconscious into a deep sleep.

We trust the jury will say loud and clear that in this country, fundamental rights are also women’s rights – that consent is individual, not transferred,” said the victim's lawyer, Antoine Camus. “Agreement is secured personally and not by proxy from a spouse.”

Background

The ex-husband, a notorious sexual predators in modern French history, was given a prison term to 20 years in prison last year for incapacitating his then wife and bringing in dozens of men to rape her in her home in the community of Mazan over a span 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 contest his sentence. He was first handed a term to nine years in prison, a penalty increased on Thursday to a decade.

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

Testimony and Proof

The defendant had initially sent the husband graphic images and then traveled an hour from his residence in the region to assault Gisèle Pelicot, after notifying his wife he was leaving, the testimony revealed.

The ex-husband, who was transported from isolation in prison to briefly give evidence at the appeal trial, told the court that Dogan had known his wife had been “sedated” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep without her consent.”

The trial became a key topic for a broader debate on rape culture in society as the defendant continued to assert he was innocent and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had invited him into the room, his behavior had been acceptable.

The panel in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s unresponsive form, comatose and breathing heavily in a comatose state, while a grinning the perpetrator engaged in violation repeatedly over a timeframe of what police said was three and a half hours. The presiding judge said she had been at risk of fatal outcome by choking. The prosecution said there was absolute certainty that she had been incapacitated and had not given permission.

Accused's Testimony

The defendant stated to the court the videos were simply “intimate moments” and denied it was violation. He said what he did was “a consensual activity”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had allowed him to the house, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan told the court. “I continued because he reassured me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I did not intend to hurt that lady.”

Pelicot's Words

Gisèle Pelicot, who was supported upon exiting the courtroom each day by supporters gathered to stand with her, said to the defendant in court: “You do not grasp. When will you admit you violated me? It is unlawful to rape an incapacitated woman. How could I have give you permission? At no time.”

Gisèle Pelicot, 72, became an global icon after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, addressing the victim in court, said the defendant's unwillingness to take blame showed that: “Shame has not yet changed sides. The public is possibly in the midst of that, perhaps motivated by the public consciousness brought by the publication of your case.”

The prosecutor said the defendant's claims of innocence showed how normalized violence was still common in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change rape culture to a society based on agreement.”

Sie said to Dogan: “As long as you reject it, it’s not just a person, it’s an complete unpleasant cultural framework that you are endorsing.”

Personal History

Dogan was originated from the country of Turkey and at the age of five came to France, where his parent worked as a concierge. The testimony revealed that his parent was abusive and that the defendant began consuming marijuana at the age of 10. When Dogan was 17 he was caught by authorities for dealing drugs and his parent forced him to leave the residence. He served time in prison for trafficking in his young adulthood and had worked as a builder but had faced periods of being unhoused.

He was married and had a son with a genetic condition, who he was the main caregiver for, as his spouse worked in a school canteen. The court heard his wife did not know he had frequent intimate relations beyond their marriage. His legal team said this was his strategy for managing with his stressful life. Dogan had told a court psychologist that once a year he looked for transactional encounters on his special day. His attorneys stated to the court he had a medical condition resulting from the anxiety of the initial proceedings.