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An individual was declared guilty on retrial of raping Gisèle Pelicot after she was rendered comatose by her then-husband – and was given his prison sentence raised to ten years.

Higher Court Case

The defendant, forty-four, an out-of-work construction worker, who had appealed his initial guilty verdict last year, faced a new trial this week at the Nîmes court of appeal.

A panel of five men and four women, joined by three judges, convicted Dogan on Thursday of raping the victim in her residence in Provence in the early hours of June 29, 2019.

The evidence showed that the accused, a family man, connected with Gisèle Pelicot’s spouse, the husband, in an online chatroom called “without her knowledge”, where Pelicot was seeking men to visit his house to assault his wife once he had drugged her into a unconscious state.

“We hope the jury will declare that in this society, fundamental rights are also women’s rights – that agreement is individual, not transferred,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Consent is received directly and not via a representative from a spouse.”

Context

The husband, among the most severe sexual predators in recent French history, was handed a sentence to 20 years in prison last year for sedating his spouse and bringing in multiple perpetrators to rape her in her home in the Provence village of Mazan over a duration of nearly ten years of their union.

Numerous other individuals were found convicted in a notable trial last year, and Dogan was the single defendant to challenge his sentence. He was originally sentenced to 9 years in prison, a punishment increased on Thursday to 10 years.

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

Evidence Presented

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

The ex-husband, who was brought from segregation in prison to temporarily provide testimony at the appeal trial, informed the court that Dogan had understood his wife had been “drugged” and he told to men by phone: “I seek someone to assault my wife after I’ve sedated her without her consent.”

The trial became a key topic for a wider discussion on sexual violence norms in society as Dogan continued to assert he was not guilty and had not committed rape, stating that because Gisèle Pelicot’s husband had invited him into the bedroom, his behavior had been acceptable.

The panel in the Nîmes appeals court was shown video evidence of the victim's unresponsive form, sedated and breathing heavily in a deep sleep, while a smiling Dogan committed rape repeatedly over a timeframe of what police said was several hours. The court official said she had been at risk of death by suffocation. The state's case said there was absolute certainty that she had been unconscious and had not consented.

Accused's Testimony

Dogan informed the court the videos were simply “sexual encounters” and rejected it was violation. He said what he did was “an intimate behavior”, not assault. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I tried to halt,” Dogan stated to the court. “I proceeded because he persuaded me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I never wanted to harm that lady.”

Pelicot's Words

Gisèle Pelicot, who was supported upon departing the trial each day by crowds assembled to back her, said to the defendant in court: “You fail to comprehend. When will you admit you violated me? It is illegal to rape an unconscious woman. When did I ever give you agreement? Never.”

The victim, 72, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, addressing the victim in court, said Dogan’s failure to take responsibility showed that: “The shame remains. The community is possibly in the midst of that, maybe propelled by the collective awareness resulting from the revelation of your ordeal.”

The prosecutor said the defendant's claims of blamelessness showed how normalized violence was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

Sie told Dogan: “As long as you reject it, it’s not just a person, it’s an whole unpleasant cultural framework that you are endorsing.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of 5 moved to the nation of France, where his parent worked as a concierge. The testimony revealed that his father was violent and that the defendant began smoking cannabis at the age of 10. When Dogan was seventeen he was caught by police for selling narcotics and his parent forced him to leave the family house. He served time in prison for drug dealing in his young adulthood and had worked as a builder but had experienced periods of living on the streets.

He was wed and had a son with a genetic condition, who he was the primary guardian for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had frequent intimate relations beyond their marriage. His defence said this was his way of coping with his stressful life. The defendant had informed a court psychologist that once a year he looked for commercial sex on his special day. His lawyers stated to the court he had a medical condition caused by the stress of the original case.