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A man has been found guilty on retrial of raping Gisèle Pelicot following she was rendered comatose by her spouse – and has had his jail term extended to 10 years.

Appeal Trial

Dogan, forty-four, an unemployed builder, who had contested his initial guilty verdict last year, experienced a retrial this week at the appeals court in Nîmes.

A panel of four women and five men, sitting with three judges, found Dogan guilty on Thursday of raping Pelicot in her residence in the south of France in the early hours of June 29, 2019.

The testimony revealed that the accused, a married father, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum called “unbeknownst to her”, where the husband was recruiting men to enter his residence to assault his wife after he had drugged her into a deep sleep.

“We hope the panel will say loud and clear that in this country, fundamental rights are also rights of women – that consent is personal, not transferred,” stated the victim's attorney, her legal representative. “Consent is secured personally and not by proxy from a spouse.”

Background

The ex-husband, one of the worst sex offenders in recent French history, was sentenced to two decades in prison last year for drugging his then wife and inviting dozens of men to rape her in her home in the Provence village of Mazan over a period of almost a decade of their marriage.

Fifty other men were found convicted in a widely publicized trial last year, and the appellant was the single defendant to challenge his verdict. He was first sentenced to 9 years in prison, a penalty enhanced on Thursday to 10 years.

The state's attorney, Dominique Sie, had argued he should serve twelve years, because he “absolutely refuses to take any blame”.

Testimony and Proof

Dogan had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his residence in the region to assault the victim, after informing his wife he was going out, the court heard.

Pelicot, who was brought from segregation in prison to temporarily provide testimony at the retrial, told the court that the accused had understood his wife had been “drugged” and he told to men by phone: “I seek someone to abuse my wife after I’ve sedated her without her knowledge.”

The courtroom became a focus point for a larger conversation on rape culture in society as the defendant continued to assert he was not guilty and had not committed rape, stating that because Gisèle Pelicot’s husband had welcomed him into the room, his actions had been justifiable.

The panel in the Nîmes appeals court was shown visual proof of the victim's unresponsive form, sedated and snoring in a deep sleep, while a smiling the perpetrator committed rape on several occasions over a timeframe of what investigators stated was several hours. The presiding judge said she had been at danger of fatal outcome by suffocation. The prosecution said there was absolute certainty that she had been incapacitated and had not consented.

Dogan's Claims

Dogan stated to the court the footage were simply “sexual encounters” and rejected it was assault. He said what he did was “a consensual activity”, not assault. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was permissible. He said he was manipulated by the husband. “I tried to halt,” the accused informed the court. “I continued because he convinced me.”

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

Victim's Response

The victim, who was cheered upon leaving court each day by crowds present to stand with her, told Dogan in court: “You haven’t understood. When will you admit you assaulted me? It’s a crime to rape an unconscious woman. How could I have give you consent? Never.”

The victim, seventy-two, became an global icon after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “Shame has not yet changed sides. The public is possibly in the process of that, maybe motivated by the collective awareness brought by the publication of your ordeal.”

Sie said the defendant's claims of non-guilt showed how societal tolerance was still widespread in society as part of “archaic” forms of “gender-based power”. He said: “We need to change the culture of violence to a society based on agreement.”

The prosecutor addressed the defendant: “As long as you reject it, it’s not just a person, it’s an complete disturbing social system that you are supporting.”

Defendant's Background

The accused was originated from Turkey and at the age of 5 came to France, where his father worked as a concierge. The testimony revealed that his father was abusive and that Dogan began consuming marijuana aged 10. When Dogan was seventeen he was caught by authorities for selling narcotics and his father kicked him out the family house. He spent time in prison for drug dealing in his young adulthood and had worked as a construction worker but had faced periods of being unhoused.

He was married and had a child with a genetic condition, who he was the principal carer for, as his wife worked in a institution's dining hall. The evidence showed his spouse did not know he had frequent sexual encounters outside their union. His defence said this was his way of coping with his challenging existence. The defendant had informed a mental health expert that once a year he looked for transactional encounters on his birthday. His lawyers informed the court he had joint inflammation resulting from the anxiety of the first trial.