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A man has been found guilty on retrial of raping Gisele Pelicot following she was rendered comatose by her then-husband – and received his jail term extended to 10 years.

Higher Court Case

The defendant, forty-four, an unemployed builder, who had challenged his initial guilty verdict last year, experienced a appeal hearing this week at the Nîmes court of appeal.

A panel of nine jurors, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her residence in southern France in the early hours of June 29, 2019.

The testimony revealed that Dogan, a married father, made contact with the victim's husband at the time, Dominique Pelicot, in an online chatroom named “unbeknownst to her”, where the husband was seeking men to come to his home to rape his wife after he had rendered her unconscious into a unconscious state.

We trust the jury will declare that in this nation, fundamental rights are also women’s rights – that consent is personal, not given by another,” said Gisèle Pelicot’s attorney, her legal representative. “Permission is obtained directly and not by proxy from a spouse.”

Case History

Dominique Pelicot, one of the worst sexual predators in recent French history, was sentenced to 20 years in prison last year for sedating his wife at the time and inviting multiple perpetrators to sexually assault her in her home in the community of Mazan over a span of nearly ten years of their union.

Numerous other individuals were found guilty in a high-profile trial last year, and the appellant was the sole individual to contest his conviction. He was initially given a sentence to nine years in prison, a punishment raised on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had contended he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

The defendant had initially sent the husband inappropriate pictures and then driven an hour from his residence in the region to rape Gisèle Pelicot, after informing his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from segregation in prison to briefly provide testimony at the hearing, stated to the court that Dogan had known 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 courtroom became a key topic for a wider discussion on rape culture in society as Dogan continued to assert he was blameless and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had welcomed him into the residence, his conduct had been acceptable.

The panel in the Nîmes appeals court was presented with visual proof of the victim's unresponsive form, comatose and breathing heavily in a deep sleep, while a smiling the perpetrator performed assault repeatedly over a timeframe of what authorities reported was 3.5 hours. The court official said she had been at peril of fatal outcome by suffocation. The state prosecution said there was absolute certainty that she had been unconscious and had not given permission.

Defendant's Statements

Dogan informed the court the recordings were simply “sex scenes” and rejected it was violation. He said what he did was “a sexual act”, not assault. He declared the court: “I am innocent of assault.” He said the victim's husband had invited him to the house, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused told the court. “I proceeded because he convinced me.”

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

Survivor's Statement

The victim, who was cheered upon exiting the courtroom each day by onlookers gathered to stand with her, said to Dogan in court: “You do not grasp. When are you going to recognise you raped me? It’s a crime to rape an incapacitated woman. How could I have give you agreement? Never.”

Gisèle Pelicot, seventy-two, 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.”

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s refusal to take blame showed that: “Guilt has not shifted. Society is maybe in the course of that, maybe driven by the collective awareness spurred by the exposure of your case.”

Sie said the defendant's claims of blamelessness showed how societal tolerance was still common in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change rape culture to a society based on agreement.”

Sie told the defendant: “For as much as you reject it, it’s not just a individual, it’s an whole disturbing societal structure that you are upholding.”

Defendant's Background

Dogan was born in Turkey and at the age of five relocated to France, where his father worked as a concierge. The testimony revealed that his father was aggressive and that the defendant began smoking cannabis at the age of ten. When Dogan was seventeen he was stopped by authorities for drug trafficking and his father forced him to leave of home. He spent time in prison for narcotics offenses in his early 20s and had worked as a builder but had undergone periods of homelessness.

He was wed and had a son with a genetic condition, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The evidence showed his wife did not know he had frequent intimate relations outside their marriage. His legal team said this was his method of dealing with his challenging existence. The defendant had stated to a court psychologist that annually he engaged in paid sex on his special day. His attorneys stated to the court he had arthritis triggered by the pressure of the first trial.