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A man has been found guilty on retrial of raping Gisèle Pelicot following she was rendered comatose by her husband – and received his incarceration period extended to ten years.

Higher Court Case

The defendant, forty-four, an out-of-work construction worker, who had contested his first conviction last year, underwent a new trial this week at the higher court in Nîmes.

A jury of four women and five men, joined by three judges, ruled against 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, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform named “without her knowledge”, where the husband was looking for men to enter his residence to rape his wife after he had drugged her into a comatose state.

We trust the panel will say loud and clear that in this country, fundamental rights are also women’s rights – that permission is personal, not given by another,” declared Gisèle Pelicot’s attorney, her legal representative. “Agreement is received personally and not via a representative from a spouse.”

Background

Dominique Pelicot, among the most severe sex offenders in France's contemporary records, was handed a sentence to twenty years in prison last year for incapacitating his wife at the time and soliciting dozens of men to rape her in her home in the Provence village of Mazan over a duration of many years of their marriage.

Numerous other individuals were found guilty in a notable trial last year, and Dogan was the only man to challenge his sentence. He was first handed a term to nine years in prison, a penalty enhanced on Thursday to ten years.

The state's attorney, Dominique Sie, had stated he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

The defendant had first sent the husband sexually explicit photos and then driven an hour from his town in the region to assault Gisèle Pelicot, after telling his wife he was going out, the evidence indicated.

The ex-husband, who was transported from isolation in prison to temporarily give evidence at the hearing, informed the court that the accused had been aware his wife had been “sedated” and he said to men by phone: “I want someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a key topic for a broader debate on rape culture in society as Dogan continued to say he was not guilty and had not committed rape, stating that because Gisèle Pelicot’s husband had allowed him into the residence, his behavior had been permissible.

The panel in the Nîmes appeals court was shown recorded footage of the victim's unresponsive form, comatose and snoring in a comatose state, while a smiling the perpetrator performed assault repeatedly over a duration of what police said was 3.5 hours. The presiding judge said she had been at danger of fatal outcome by asphyxiation. The state's case said there was no question that she had been unaware and had not given permission.

Accused's Testimony

Dogan informed the court the footage were simply “intimate moments” and denied it was violation. He said what he did was “an intimate behavior”, not rape. He stated the court: “I am innocent of assault.” He said the victim's husband had brought him to the residence, and therefore it was OK. He said he was influenced by the husband. “I attempted to cease,” the accused stated to the court. “I continued because he persuaded me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I never wanted to injure that lady.”

Survivor's Statement

The survivor, who was supported upon exiting the courtroom each day by onlookers gathered to stand with her, said to the defendant in court: “You haven’t understood. When will you acknowledge you violated me? It’s a crime to rape an unconscious woman. How could I have give you permission? Never.”

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

Legal Commentary

Sie, turning to Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “Guilt has not shifted. The community is possibly in the process of that, perhaps motivated by the public consciousness spurred by the revelation of your case.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still widespread 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 said to Dogan: “While you deny it, it’s not just a person, it’s an complete disturbing societal structure that you are endorsing.”

Personal History

Dogan was born in Turkey and at the age of 5 moved to France, where his father worked as a caretaker. The testimony revealed that his father was abusive and that Dogan began using drugs aged 10. When he was 17 he was apprehended by police for selling narcotics and his father kicked him out the residence. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a laborer but had experienced periods of being unhoused.

He was wed and had a son with Down’s syndrome, who he was the main caregiver for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had regular sexual encounters beyond their marriage. His legal team said this was his strategy for managing with his challenging existence. Dogan had told a mental health expert that each year he engaged in transactional encounters on his special day. His legal representatives informed the court he had joint inflammation resulting from the anxiety of the initial proceedings.