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A man has been found guilty on retrial of raping Gisèle Pelicot after she was rendered comatose by her then-husband – and was given his incarceration period increased to ten years.

Retrial Proceedings

The defendant, forty-four, an out-of-work construction worker, who had challenged his first conviction last year, experienced a retrial this week at the appeals court in Nîmes.

A panel of five men and four women, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her bedroom in Provence in the morning of 29 June 2019.

The evidence showed that the accused, a married father, connected with the victim's husband at the time, Dominique Pelicot, in an internet forum titled “without her consent”, where the husband was recruiting men to enter his residence to rape his wife after he had rendered her unconscious into a comatose state.

“We hope the panel will declare that in this country, human rights are also women’s rights – that permission is individual, not given by another,” stated Gisèle Pelicot’s lawyer, her legal representative. “Agreement is received directly and not by proxy from a spouse.”

Case History

The husband, a notorious sex offenders in France's contemporary records, was given a prison term to twenty years in prison last year for sedating his spouse and inviting numerous individuals to rape her in her home in the community of Mazan over a duration of many years of their union.

Numerous other individuals were found convicted in a widely publicized trial last year, and the appellant was the single defendant to contest his sentence. He was originally sentenced to nine years in prison, a sentence enhanced on Thursday to 10 years.

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

Testimony and Proof

The defendant had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in Provence to assault Gisèle Pelicot, after informing his wife he was going out, the evidence indicated.

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

The proceedings became a central issue for a larger conversation on sexual violence norms in society as Dogan continued to claim he was not guilty and had not engaged in violation, arguing that because the victim's husband had welcomed him into the room, his actions had been acceptable.

The panel in the higher court was displayed recorded footage of the victim's unresponsive form, comatose and snoring in a comatose state, while a smiling the perpetrator engaged in violation on several occasions over a period of what police said was 3.5 hours. The court official said she had been at peril of fatal outcome by asphyxiation. The state's case said there was no question that she had been incapacitated and had not given permission.

Defendant's Statements

The defendant stated to the court the videos were simply “sexual encounters” and disputed it was rape. He said what he did was “a sexual act”, not assault. He told the court: “I am innocent of assault.” He said the victim's husband had brought him to the residence, and therefore it was permissible. He said he was influenced by the husband. “I wanted to stop,” Dogan informed the court. “I proceeded because he convinced me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to harm that woman.”

Pelicot's Words

The survivor, who was applauded upon departing the trial each day by onlookers gathered to back her, addressed Dogan in court: “You haven’t understood. When will you acknowledge you assaulted me? It is illegal to rape an unaware woman. How could I have give you agreement? Never.”

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

Legal Commentary

Sie, speaking to the victim in court, said the defendant's unwillingness to take blame showed that: “The shame remains. The public is maybe in the midst of that, perhaps propelled by the public consciousness spurred by the publication of your situation.”

Sie said Dogan’s claims of non-guilt showed how societal tolerance was still prevalent in society as part of “outdated” forms of “male domination”. He said: “Now we must change the culture of violence to a culture of consent.”

Sie told the defendant: “While you deny it, it’s not just a woman, it’s an entire sordid societal structure that you are upholding.”

Personal History

Dogan was originated from the country of Turkey and at the age of five came to the nation of France, where his parent worked as a concierge. The court heard that his father was violent and that Dogan began consuming marijuana aged 10. When Dogan was seventeen he was caught by police for dealing drugs and his father evicted him of home. He spent time in prison for trafficking in his early 20s and had worked as a construction worker but had undergone periods of homelessness.

He was wed and had a child with special needs, who he was the principal carer for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had repeated sexual encounters beyond their marriage. His defence said this was his strategy for managing with his challenging existence. The defendant had informed a court psychologist that once a year he sought commercial sex on his birthday. His attorneys informed the court he had joint inflammation triggered by the stress of the initial proceedings.