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A man was convicted on retrial of raping Gisèle Pelicot after she was rendered comatose by her then-husband – and was given his prison sentence extended to ten years.

Higher Court Case

Dogan, forty-four, an out-of-work construction worker, who had challenged his initial guilty verdict last year, experienced a retrial this week at the higher court in Nîmes.

A jury of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her residence in southern France in the early hours of 29 June 2019.

The evidence showed that the accused, a married father, connected with Gisèle Pelicot’s then husband, the husband, in an digital platform called “unbeknownst to her”, where the husband was seeking men to come to his home to assault his wife once he had rendered her unconscious into a unconscious state.

We trust the court will declare that in this country, fundamental rights are also rights of women – that permission is personal, not delegated,” stated the victim's attorney, Antoine Camus. “Permission is secured directly and not through someone else from a spouse.”

Context

The husband, a notorious sexual predators in France's contemporary records, was sentenced to twenty years in prison last year for incapacitating his then wife and inviting multiple perpetrators to sexually assault her in her home in the Provence village of the village of Mazan over a duration of almost a decade of their marriage.

Dozens of additional defendants were found guilty in a notable trial last year, and the appellant was the only man to appeal against his verdict. He was originally sentenced to nine years in prison, a sentence raised on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had contended he should serve 12 years, because he “completely denies to take any accountability”.

Courtroom Details

The defendant had initially sent the husband sexually explicit photos and then traveled an hour from his town in the region to rape the victim, after informing his wife he was stepping out, the evidence indicated.

Pelicot, who was transported from isolation in prison to briefly give evidence at the appeal trial, stated to the court that the accused had understood his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to assault 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 Dogan continued to claim he was not guilty and had not engaged in violation, stating that because the victim's husband had invited him into the bedroom, his behavior had been permissible.

The jury in the higher court was shown visual proof of Gisèle Pelicot’s unresponsive form, sedated and snoring in a unconscious condition, while a grinning Dogan engaged in violation multiple times over a period of what police said was several hours. The presiding judge said she had been at danger of fatal outcome by asphyxiation. The prosecution said there was absolute certainty that she had been incapacitated and had not given permission.

Defendant's Statements

Dogan informed the court the videos were simply “sex scenes” and rejected it was rape. He said what he did was “an intimate behavior”, not assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I wanted to stop,” the accused stated to the court. “I proceeded because he reassured me.”

Asked if he wanted to make a last words to the court, Dogan said: “I did not intend to harm that woman.”

Survivor's Statement

The victim, who was supported upon exiting the courtroom each day by onlookers present to back her, addressed Dogan in court: “You fail to comprehend. When will you admit you raped me? It is unlawful to rape an incapacitated woman. At what point did I give you permission? Not once.”

Gisèle Pelicot, 72, became an international feminist hero after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, turning to Gisèle Pelicot in court, said the defendant's unwillingness to take blame showed that: “Shame has not yet changed sides. The public is maybe in the course of that, perhaps motivated by the societal understanding resulting from the revelation of your situation.”

Sie said the defendant's claims of non-guilt showed how normalized violence was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change the culture of violence to a society based on agreement.”

Sie said to the defendant: “For as much as you deny it, it’s not just a woman, it’s an complete sordid social system that you are supporting.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of 5 moved to the nation of France, where his father worked as a caretaker. The court heard that his parent was aggressive and that the defendant began using drugs at the age of ten. When Dogan was 17 he was apprehended by police for drug trafficking and his parent forced him to leave the residence. He spent time in prison for trafficking in his early 20s and had worked as a laborer but had faced periods of homelessness.

He was wed and had a child with special needs, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The evidence showed his wife did not know he had repeated intimate relations beyond their marriage. His defence said this was his method of dealing with his stressful life. Dogan had stated to a evaluator that once a year he looked for transactional encounters on his special day. His lawyers informed the court he had arthritis triggered by the pressure of the first trial.