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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 has had his jail term increased to ten years.

Retrial Proceedings

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

A jury of four women and five men, accompanied by three judges, convicted Dogan on Thursday of raping Pelicot in her bedroom in the south of France in the morning of 29 June 2019.

The evidence showed that Dogan, a married father, made contact with Gisèle Pelicot’s husband at the time, the husband, in an digital platform called “without her consent”, where the husband was recruiting men to visit his house to rape his wife after he had drugged her into a deep sleep.

“We hope the panel will declare that in this nation, fundamental rights are also rights of women – that permission is personal, not given by another,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is obtained directly and not by proxy from a husband.”

Background

The husband, one of the worst sexual predators in recent French history, was sentenced to two decades in prison last year for sedating his wife at the time and soliciting multiple perpetrators to sexually assault her in her home in the community of the village of Mazan over a duration of many years of their marriage.

Numerous other individuals were found culpable in a widely publicized trial last year, and the appellant was the only man to contest his sentence. He was initially given a sentence to 9 years in prison, a punishment enhanced on Thursday to 10 years.

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

Testimony and Proof

The defendant had initially sent the husband sexually explicit photos and then driven an hour from his village in Provence to rape the victim, after telling his wife he was stepping out, the evidence indicated.

Pelicot, who was transported from isolation in prison to temporarily testify at the appeal trial, stated to the court that the accused had known his wife had been “sedated” and he said to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a central issue for a broader debate on sexual violence norms in society as the defendant continued to say he was not guilty and had not perpetrated assault, contending that because the victim's husband had welcomed him into the residence, his behavior had been permissible.

The panel in the higher court was displayed recorded footage of the victim's unconscious figure, comatose and breathing heavily in a comatose state, while a grinning the perpetrator engaged in violation on several occasions over a period of what investigators stated was 3.5 hours. The presiding judge said she had been at danger of fatal outcome by suffocation. The prosecution said there was no doubt that she had been unconscious and had not given permission.

Defendant's Statements

The defendant told the court the footage were simply “sex scenes” and disputed it was rape. He said what he did was “an intimate behavior”, not rape. He declared the court: “I never raped.” He said the victim's husband had brought him to the home, and therefore it was OK. He said he was deceived by the husband. “I tried to halt,” Dogan told the court. “I continued because he convinced me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I had no desire to harm that individual.”

Pelicot's Words

The survivor, who was supported upon leaving court each day by onlookers assembled to back her, said to the defendant in court: “You haven’t understood. When are you going to recognise you assaulted me? It’s a crime to rape an unaware woman. When did I ever give you agreement? At no time.”

The victim, seventy-two, became an global icon after she gave up her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's unwillingness to take responsibility showed that: “Shame has not yet changed sides. The public is possibly in the process of that, maybe motivated by the societal understanding brought by the publication of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a ethos of permission.”

Sie said to Dogan: “For as much as you refuse to admit it, it’s not just a woman, it’s an entire sordid social system that you are supporting.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a caretaker. The testimony revealed that his parent was abusive and that the defendant began smoking cannabis at the age of ten. When he was 17 he was apprehended by police for selling narcotics and his father kicked him out the family house. He served time in prison for drug dealing in his young adulthood and had worked as a builder but had faced periods of being unhoused.

He was married and had a child with Down’s syndrome, who he was the main caregiver for, as his wife worked in a educational cafeteria. The court heard his spouse did not know he had frequent extramarital activities outside their union. His defence said this was his way of coping with his stressful life. Dogan had informed a mental health expert that annually he sought commercial sex on his special day. His lawyers informed the court he had joint inflammation caused by the stress of the first trial.