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An individual has been found guilty on appeal of raping Gisele Pelicot following she was rendered comatose by her husband – and has had his prison sentence raised to 10 years.

Retrial Proceedings

The defendant, forty-four, an unemployed builder, who had appealed his first conviction last year, faced a retrial this week at the appeals court in Nîmes.

A panel of nine jurors, joined by three judges, convicted Dogan on Thursday of raping Pelicot in her home in southern France in the morning of June 29, 2019.

The evidence showed that Dogan, a married father, connected with the victim's then husband, the husband, in an digital platform named “without her knowledge”, where the husband was looking for men to enter his residence to assault his wife once he had rendered her unconscious into a deep sleep.

We expect the court will declare that in this society, fundamental rights are also women’s rights – that consent is individual, not transferred,” stated the victim's attorney, her legal representative. “Consent is received directly and not by proxy from a spouse.”

Context

Dominique Pelicot, among the most severe sex offenders in France's contemporary records, was sentenced to two decades in prison last year for sedating his wife at the time and inviting numerous individuals to rape her in her home in the Provence village of the village of Mazan over a duration of almost a decade of their marriage.

Fifty other men were found guilty in a notable trial last year, and the appellant was the sole individual to contest his verdict. He was originally handed a term to nine years in prison, a sentence increased on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had stated he should serve twelve years, because he “absolutely refuses to take any blame”.

Courtroom Details

Dogan had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in the region to rape Gisèle Pelicot, after informing his wife he was going out, the testimony revealed.

Pelicot, who was brought from isolation in prison to briefly provide testimony at the retrial, informed the court that Dogan had known his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a key topic for a broader debate on sexual violence norms in society as Dogan continued to assert he was innocent and had not engaged in violation, contending that because Gisèle Pelicot’s husband had allowed him into the room, his behavior had been justifiable.

The panel in the higher court was displayed video evidence of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a deep sleep, while a grinning Dogan engaged in violation on several occasions over a duration of what authorities reported was several hours. The court official said she had been at danger of fatal outcome by choking. The prosecution said there was no question that she had been unconscious and had not given permission.

Dogan's Claims

The defendant stated to the court the recordings were simply “sexual encounters” and disputed it was violation. He said what he did was “a sexual act”, not assault. He told the court: “I never raped.” He said the victim's husband had invited him to the home, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I tried to halt,” the accused stated to the court. “I carried on because he reassured me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to injure that lady.”

Pelicot's Words

The victim, who was applauded upon exiting the courtroom each day by crowds gathered to back her, told Dogan in court: “You do not grasp. When will you acknowledge you raped me? It’s a crime to assault an unconscious woman. When did I ever give you permission? Never.”

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

Legal Commentary

Sie, turning to the victim in court, said Dogan’s refusal to take blame showed that: “Shame has not yet changed sides. The community is possibly in the process of that, possibly driven by the collective awareness brought by the exposure of your ordeal.”

Sie said Dogan’s claims of non-guilt showed how rape culture was still prevalent in society as part of “archaic” forms of “male domination”. He said: “Now we must change rape culture to a society based on agreement.”

Sie told Dogan: “For as much as you deny it, it’s not just a woman, it’s an complete disturbing cultural framework that you are upholding.”

Biographical Details

Dogan was originated from Turkey and at the age of five relocated to France, where his parent worked as a building manager. The evidence indicated that his parent was abusive and that the defendant began using drugs at the age of 10. When he was 17 he was caught by authorities for dealing drugs and his father kicked him out of home. He spent time in prison for trafficking in his early 20s and had worked as a laborer but had experienced periods of being unhoused.

He was wed and had a child with special needs, who he was the primary guardian for, as his wife worked in a educational cafeteria. The court heard his spouse did not know he had frequent extramarital activities outside their marriage. His legal team said this was his way of coping with his difficult circumstances. Dogan had stated to a evaluator that annually he sought paid sex on his special day. His legal representatives told the court he had arthritis caused by the pressure of the original case.