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An individual was declared guilty on retrial of raping Gisele Pelicot after she was rendered comatose by her then-husband – and was given his jail term raised to 10 years.

Retrial Proceedings

The defendant, forty-four, an out-of-work construction worker, who had challenged his initial guilty verdict last year, experienced a appeal hearing this week at the appeals court in Nîmes.

A panel of nine jurors, sitting with three judges, convicted Dogan 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 Dogan, a married father, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform titled “without her knowledge”, where the husband was looking for men to enter his residence to assault his wife after he had drugged her into a unconscious state.

“We hope the jury will declare that in this society, human rights are also women’s rights – that agreement is personal, not transferred,” declared the victim's attorney, Antoine Camus. “Permission is secured personally and not through someone else from a husband.”

Context

The ex-husband, one of the worst sexual predators in modern French history, was given a prison term to twenty years in prison last year for incapacitating his wife at the time and soliciting dozens of men to sexually assault her in her home in the community of the village of Mazan over a span of nearly ten years of their marriage.

Fifty other men were found guilty in a notable trial last year, and Dogan was the only man to challenge his conviction. He was initially sentenced to nine years in prison, a penalty increased on Thursday to ten years.

The chief prosecutor, the prosecutor, had contended he should serve 12 years, because he “completely denies to take any responsibility”.

Testimony and Proof

Dogan had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in the region to rape the victim, after notifying his wife he was leaving, the court heard.

The ex-husband, who was transported from isolation in prison to briefly testify at the appeal trial, told the court that the accused had understood his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a focus point for a broader debate on sexual violence norms in society as the defendant continued to assert he was not guilty and had not committed rape, contending that because Gisèle Pelicot’s husband had invited him into the room, his actions had been acceptable.

The jury in the higher court was presented with visual proof of the victim's unconscious figure, sedated and breathing heavily in a comatose state, while a grinning Dogan engaged in violation on several occasions over a period of what police said was several hours. The court official said she had been at peril of death by choking. The state's case said there was absolute certainty that she had been incapacitated and had not consented.

Accused's Testimony

The defendant stated to the court the videos were simply “sexual encounters” and rejected it was assault. He said what he did was “an intimate behavior”, not assault. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was permissible. He said he was influenced by the husband. “I attempted to cease,” the accused told the court. “I proceeded because he persuaded me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to harm that lady.”

Victim's Response

Gisèle Pelicot, who was applauded upon leaving court each day by onlookers gathered to back her, said to the defendant in court: “You haven’t understood. When will you admit you raped me? It is unlawful to assault an incapacitated woman. When did I ever give you consent? Not once.”

The victim, 72, became an global icon after she gave up her right to privacy in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s unwillingness to take responsibility showed that: “Guilt has not shifted. The community is perhaps in the course of that, possibly driven by the societal understanding resulting from the exposure of your ordeal.”

Sie said the defendant's claims of non-guilt showed how normalized violence was still common in society as part of “archaic” forms of “male domination”. He said: “Now we must change the culture of violence to a society based on agreement.”

Sie addressed Dogan: “For as much as you reject it, it’s not just a person, it’s an entire unpleasant cultural framework that you are supporting.”

Personal History

Dogan was originated from the country of Turkey and at the age of 5 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 he was seventeen he was stopped by authorities for selling narcotics and his father kicked him out of home. He was incarcerated in prison for drug dealing in his early 20s and had worked as a laborer but had experienced 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 educational cafeteria. The testimony revealed his wife did not know he had frequent extramarital activities beyond their marriage. His defence said this was his strategy for managing with his challenging existence. The defendant had informed a mental health expert that each year he looked for paid sex on his birthday. His lawyers stated to the court he had arthritis resulting from the stress of the initial proceedings.