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An individual was declared guilty on retrial of raping Gisèle Pelicot after she was rendered comatose by her then-husband – and has had his incarceration period extended to 10 years.

Retrial Proceedings

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

A panel of four women and five men, accompanied by three judges, found Dogan guilty on Thursday of raping Pelicot in her residence in Provence in the morning of June 29, 2019.

The testimony revealed that Dogan, a family man, made contact with Gisèle Pelicot’s then husband, the husband, in an online chatroom named “without her consent”, where Pelicot was recruiting men to come to his home to rape his wife after he had drugged her into a comatose state.

“We hope the court will affirm that in this nation, human rights are also women’s rights – that consent is individual, not given by another,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is obtained personally and not via a representative from a spouse.”

Background

Dominique Pelicot, among the most severe sex offenders in modern French history, was handed a sentence to 20 years in prison last year for drugging his then wife and bringing in multiple perpetrators to rape her in her home in the Provence village of Mazan over a period of nearly ten years of their marriage.

Fifty other men were found culpable in a high-profile trial last year, and Dogan was the only man to contest his sentence. He was first sentenced to 9 years in prison, a penalty raised on Thursday to 10 years.

The state's attorney, the prosecutor, had stated he should serve twelve years, because he “completely denies to take any accountability”.

Courtroom Details

Dogan had first sent Dominique Pelicot graphic images and then traveled an hour from his village in Provence to assault Gisèle Pelicot, after informing his wife he was going out, the testimony revealed.

The ex-husband, who was brought from solitary confinement in prison to briefly give evidence at the retrial, stated to the court that the accused had been aware his wife had been “sedated” and he said to men by phone: “I want someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a key topic for a wider discussion on sexual violence norms in society as Dogan continued to say he was innocent and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had welcomed him into the room, his conduct had been acceptable.

The jury in the Nîmes appeals court was presented with video evidence of Gisèle Pelicot’s unconscious figure, sedated and breathing heavily in a deep sleep, while a grinning Dogan committed rape on several occasions over a duration of what police said was 3.5 hours. The judge said she had been at peril of death by choking. The state's case said there was no doubt that she had been unconscious and had not consented.

Dogan's Claims

Dogan informed the court the recordings were simply “sex scenes” and denied it was assault. He said what he did was “a sexual act”, not rape. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I continued because he convinced me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I never wanted to injure that individual.”

Victim's Response

Gisèle Pelicot, who was supported upon leaving court each day by onlookers present to back her, said to the defendant in court: “You haven’t understood. When will you admit you raped me? It is unlawful to rape an unconscious woman. At what point did I give you permission? 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: “The shame should shift.”

Legal Commentary

Sie, turning to the victim in court, said Dogan’s unwillingness to take responsibility showed that: “Shame has not yet changed sides. The community is maybe in the course of that, maybe driven by the societal understanding brought by the exposure of your ordeal.”

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

Sie said to the defendant: “For as much as you refuse to admit it, it’s not just a woman, it’s an whole disturbing societal structure that you are upholding.”

Defendant's Background

The accused was originated from Turkey and at the age of 5 came to the nation of France, where his parent worked as a building manager. The testimony revealed that his father was abusive and that the defendant began consuming marijuana at the age of 10. When he was 17 he was apprehended by police for drug trafficking and his father kicked him out the residence. He spent time in prison for drug dealing in his twenties and had worked as a laborer but had undergone periods of living on the streets.

He was married and had a child with Down’s syndrome, who he was the principal carer for, as his spouse worked in a institution's dining hall. The evidence showed his spouse did not know he had regular intimate relations beyond their union. His legal team said this was his method of dealing with his challenging existence. The defendant had stated to a evaluator that each year he looked for transactional encounters on his birthday. His attorneys told the court he had a medical condition triggered by the anxiety of the first trial.