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An individual was convicted on appeal of raping Gisèle Pelicot following she was rendered comatose by her husband – and was given his prison sentence increased to 10 years.

Retrial Proceedings

Dogan, 44, an out-of-work construction worker, who had contested his first conviction last year, underwent a retrial this week at the appeals court in Nîmes.

A jury of nine jurors, joined by three judges, ruled against Dogan on Thursday of raping the victim in her residence in the south of France in the morning of 29 June 2019.

The evidence showed that the accused, a married father, reached out to Gisèle Pelicot’s then husband, the husband, in an digital platform titled “without her consent”, where the husband was looking for men to enter his residence to assault his wife once he had sedated her into a unconscious state.

We trust the panel will say loud and clear that in this society, human rights are also women’s rights – that permission is individual, not transferred,” stated the victim's lawyer, her legal representative. “Agreement is received personally and not through someone else from a spouse.”

Context

Dominique Pelicot, one of the worst sexual predators in recent French history, was sentenced to twenty years in prison last year for sedating his wife at the time and bringing in dozens of men to rape her in her home in the Provence village of Mazan over a period of many years of their union.

Numerous other individuals were found convicted in a high-profile trial last year, and the appellant was the only man to contest his conviction. He was initially sentenced to 9 years in prison, a sentence increased on Thursday to 10 years.

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

Testimony and Proof

The defendant had first sent Dominique Pelicot graphic images and then traveled an hour from his town in Provence to rape the victim, after telling his wife he was stepping out, the testimony revealed.

Pelicot, who was brought from segregation in prison to briefly testify at the hearing, stated to the court that Dogan had understood his wife had been “sedated” and he told to men by phone: “I seek someone to violate my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a focus point for a wider discussion on rape culture in society as Dogan continued to say he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had welcomed him into the residence, his actions had been permissible.

The panel in the higher court was displayed video evidence of the victim's limp body, unconscious and snoring in a comatose state, while a grinning the perpetrator committed rape on several occasions over a period of what authorities reported was three and a half hours. The presiding judge said she had been at danger of death by choking. The state prosecution said there was no doubt that she had been incapacitated and had not consented.

Defendant's Statements

Dogan stated to the court the videos were simply “sexual encounters” and rejected it was rape. He said what he did was “a sexual act”, not rape. He told the court: “I am innocent of assault.” He said the victim's husband had allowed him to the home, and therefore it was OK. He said he was influenced by the husband. “I tried to halt,” Dogan stated to the court. “I proceeded because he reassured me.”

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

Victim's Response

Gisèle Pelicot, who was applauded upon leaving court each day by onlookers gathered to support her, said to the defendant in court: “You haven’t understood. When will you acknowledge you raped me? It’s a crime to rape an unconscious woman. At what point did I give you consent? At no time.”

The victim, seventy-two, became an international feminist hero after she relinquished her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “Shame has not yet changed sides. The public is maybe in the process of that, possibly driven by the societal understanding resulting from the publication of your situation.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still widespread in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

Sie addressed Dogan: “While you deny it, it’s not just a individual, it’s an entire sordid social system that you are upholding.”

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 building manager. The evidence indicated 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 father forced him to leave the residence. He spent time in prison for drug dealing in his young adulthood and had worked as a construction worker but had experienced periods of being unhoused.

He was wed and had a child with Down’s syndrome, who he was the primary guardian for, as his wife worked in a institution's dining hall. The court heard his wife did not know he had frequent extramarital activities outside their marriage. His legal team said this was his strategy for managing with his difficult circumstances. The defendant had stated to a mental health expert that once a year he looked for transactional encounters on his birthday. His lawyers informed the court he had joint inflammation caused by the stress of the original case.