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A man was convicted on retrial of sexually assaulting Gisèle Pelicot after she was rendered comatose by her husband – and has had his incarceration period raised to 10 years.

Appeal Trial

The defendant, 44, an out-of-work construction worker, who had appealed his first conviction last year, experienced a retrial this week at the Nîmes court of appeal.

A jury of four women and five men, joined by three judges, convicted Dogan on Thursday of raping the victim in her residence in southern France in the morning of June 29, 2019.

The testimony revealed that Dogan, a married father, reached out to Gisèle Pelicot’s spouse, the husband, in an internet forum titled “without her consent”, where Pelicot was recruiting men to come to his home to rape his wife once he had sedated her into a unconscious state.

“We hope the jury will declare that in this country, fundamental rights are also women’s rights – that agreement is personal, not delegated,” stated Gisèle Pelicot’s lawyer, her legal representative. “Permission is secured personally and not by proxy from a spouse.”

Background

The ex-husband, a notorious sexual predators in France's contemporary records, was given a prison term to two decades in prison last year for incapacitating his then wife and inviting numerous individuals to sexually assault her in her home in the town of Mazan over a period of many years of their union.

Fifty other men were found guilty in a high-profile trial last year, and Dogan was the only man to appeal against his conviction. He was first sentenced to 9 years in prison, a penalty raised on Thursday to ten years.

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

Testimony and Proof

Dogan had initially sent Dominique Pelicot graphic images and then traveled an hour from his residence in Provence to rape Gisèle Pelicot, after notifying his wife he was stepping out, the court heard.

Pelicot, who was brought from solitary confinement in prison to temporarily give evidence at the appeal trial, told the court that the accused had known his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep without her consent.”

The trial became a key topic for a broader debate on societal attitudes in society as the defendant continued to claim he was innocent and had not engaged in violation, stating that because the victim's husband had welcomed him into the bedroom, his conduct had been permissible.

The panel in the Nîmes appeals court was displayed video evidence of the victim's unresponsive form, comatose and breathing heavily in a deep sleep, while a smiling Dogan committed rape repeatedly over a timeframe of what authorities reported was several hours. The court official said she had been at peril of fatal outcome by asphyxiation. The prosecution said there was no doubt that she had been unconscious and had not agreed.

Defendant's Statements

Dogan informed the court the recordings were simply “sex scenes” and rejected it was assault. He said what he did was “a consensual activity”, not assault. He stated the court: “I am innocent of assault.” He said the victim's husband had invited him to the home, and therefore it was acceptable. He said he was deceived by the husband. “I wanted to stop,” the accused stated to the court. “I continued because he persuaded me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to hurt that woman.”

Victim's Response

The survivor, who was applauded upon leaving court each day by onlookers gathered to support her, told Dogan in court: “You fail to comprehend. When are you going to recognise you violated me? It is illegal to rape an unconscious woman. How could I have give you permission? Not once.”

The victim, 72, became an international feminist hero after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s refusal to take blame showed that: “The shame remains. The public is possibly in the course of that, perhaps driven by the societal understanding brought by the publication of your case.”

Sie said the defendant's claims of innocence showed how normalized violence was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change rape culture to a society based on agreement.”

Sie addressed the defendant: “As long as you reject it, it’s not just a person, it’s an whole disturbing social system that you are upholding.”

Personal History

Dogan was born in the country of Turkey and at the age of 5 relocated to France, where his parent worked as a caretaker. The testimony revealed that his father was aggressive and that the defendant began smoking cannabis aged 10. When Dogan was 17 he was stopped by authorities for drug trafficking and his father evicted him of home. He served time in prison for trafficking in his young adulthood and had worked as a builder but had undergone periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The court heard his wife did not know he had regular extramarital activities outside their marriage. His defence said this was his way of coping with his challenging existence. The defendant had stated to a evaluator that each year he engaged in paid sex on his special day. His legal representatives informed the court he had a medical condition triggered by the anxiety of the original case.