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An individual was convicted on retrial of raping Gisele Pelicot after she was rendered comatose by her husband – and was given his incarceration period extended to 10 years.

Higher Court Case

The defendant, 44, an out-of-work construction worker, who had challenged his first conviction last year, faced a appeal hearing this week at the higher court in Nîmes.

A jury of nine jurors, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her bedroom in the south of France in the early hours of June 29, 2019.

The court heard that Dogan, a family man, made contact with the victim's then husband, Dominique Pelicot, in an online chatroom named “without her knowledge”, where the husband was seeking men to enter his residence to assault his wife after he had sedated her into a unconscious state.

We expect the panel will affirm that in this country, human rights are also rights of women – that consent is individual, not delegated,” said Gisèle Pelicot’s attorney, her legal representative. “Consent is secured directly and not through someone else from a spouse.”

Context

Dominique Pelicot, one of the worst sexual predators in recent French history, was given a prison term to two decades in prison last year for sedating his then wife and soliciting dozens of men to rape her in her home in the Provence village of Mazan over a duration of many years of their union.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and Dogan was the single defendant to appeal against his conviction. He was first handed a term to nine years in prison, a penalty enhanced on Thursday to a decade.

The lead state prosecutor, the prosecutor, had stated he should serve 12 years, because he “stubbornly rejects to take any blame”.

Courtroom Details

The defendant had first sent the husband inappropriate pictures and then traveled an hour from his town in Provence to rape Gisèle Pelicot, after notifying his wife he was going out, the court heard.

The ex-husband, who was transported from isolation in prison to briefly give evidence at the appeal trial, stated to the court that the accused had been aware his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a focus point for a broader debate on rape culture in society as the defendant continued to assert he was innocent and had not engaged in violation, contending that because the victim's husband had allowed him into the room, his conduct had been acceptable.

The panel in the higher court was shown recorded footage of Gisèle Pelicot’s unresponsive form, unconscious and snoring in a deep sleep, while a grinning Dogan performed assault repeatedly over a duration of what police said was three and a half hours. The judge said she had been at risk of fatal outcome by suffocation. The state prosecution said there was no question that she had been unconscious and had not consented.

Defendant's Statements

The defendant stated to the court the footage were simply “intimate moments” and denied it was violation. He said what he did was “an intimate behavior”, not assault. He stated the court: “I did not commit rape.” He said the victim's husband had invited him to the house, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I continued because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to hurt that lady.”

Pelicot's Words

The victim, who was applauded upon leaving court each day by crowds gathered to support her, addressed Dogan in court: “You do not grasp. When will you acknowledge you violated me? It is unlawful to assault an unaware woman. At what point did I give you permission? Never.”

Gisèle Pelicot, 72, became an symbol of resistance 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 Dogan’s refusal to take accountability showed that: “Guilt has not shifted. The public is perhaps in the process of that, possibly motivated by the collective awareness brought by the publication of your ordeal.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still common in society as part of “old-fashioned” forms of “male domination”. He said: “Now we must change rape culture to a culture of consent.”

Sie addressed Dogan: “For as much as you reject it, it’s not just a individual, it’s an whole sordid societal structure that you are supporting.”

Personal History

The accused was born in the country of Turkey and at the age of five relocated to France, where his parent worked as a building manager. The court heard that his father was aggressive and that the defendant began consuming marijuana at the age of 10. When Dogan was 17 he was apprehended by police for drug trafficking and his parent kicked him out of home. He spent time in prison for drug dealing in his young adulthood and had worked as a laborer but had undergone periods of living on the streets.

He was married and had a son with special needs, who he was the principal carer for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had regular intimate relations outside their marriage. His defence said this was his method of dealing with his challenging existence. Dogan had informed a evaluator that annually he looked for transactional encounters on his birthday. His lawyers stated to the court he had joint inflammation triggered by the stress of the first trial.