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A defendant was declared guilty on retrial of raping Gisèle Pelicot following she was rendered comatose by her spouse – and has had his jail term extended to ten years.

Appeal Trial

Dogan, 44, an unemployed builder, who had appealed his first conviction last year, underwent a appeal hearing this week at the Nîmes court of appeal.

A panel of nine jurors, joined by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her bedroom in southern France in the morning of June 29, 2019.

The evidence showed that Dogan, a family man, reached out to the victim's spouse, Dominique Pelicot, in an internet forum titled “without her consent”, where Pelicot was looking for men to enter his residence to rape his wife after he had drugged her into a unconscious state.

“We hope the court will say loud and clear that in this society, human rights are also rights of women – that permission is individual, not given by another,” declared the victim's lawyer, her legal representative. “Agreement is secured directly and not by proxy from a spouse.”

Context

Dominique Pelicot, one of the worst sexual predators in France's contemporary records, was sentenced to 20 years in prison last year for incapacitating his spouse and inviting multiple perpetrators to rape her in her home in the Provence village of Mazan over a period of many years of their marriage.

Numerous other individuals were found convicted in a notable trial last year, and Dogan was the only man to challenge his verdict. He was initially given a sentence to 9 years in prison, a sentence enhanced on Thursday to 10 years.

The chief prosecutor, the prosecutor, had argued he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Evidence Presented

The defendant had first sent the husband sexually explicit photos and then traveled an hour from his village in the region to rape the victim, after informing his wife he was going out, the court heard.

The ex-husband, who was transported from segregation in prison to briefly give evidence at the retrial, informed the court that the accused had understood his wife had been “incapacitated” and he communicated to men by phone: “I want someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a key topic for a wider discussion on sexual violence norms in society as the defendant continued to assert he was innocent and had not engaged in violation, arguing that because the victim's husband had allowed him into the residence, his actions had been permissible.

The panel in the higher court was shown visual proof of the victim's unresponsive form, comatose and snoring in a comatose state, while a grinning Dogan committed rape multiple times over a duration of what investigators stated was several hours. The presiding judge said she had been at danger of death by asphyxiation. The prosecution said there was absolute certainty that she had been incapacitated and had not given permission.

Dogan's Claims

The defendant informed the court the recordings were simply “sex scenes” and disputed it was violation. He said what he did was “a consensual activity”, not assault. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I continued because he reassured me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I did not intend to injure that lady.”

Survivor's Statement

The victim, who was applauded upon exiting the courtroom each day by onlookers assembled to back her, told the defendant in court: “You do not grasp. When will you admit you assaulted me? It is unlawful to assault an unconscious woman. When did I ever give you agreement? At no time.”

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

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “Shame has not yet changed sides. The community is perhaps in the process of that, possibly propelled by the collective awareness spurred by the exposure of your situation.”

Sie said Dogan’s claims of non-guilt showed how rape culture was still common 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: “While you deny it, it’s not just a individual, it’s an complete disturbing cultural framework that you are upholding.”

Personal History

The accused was born in the country of Turkey and at the age of five relocated to France, where his parent worked as a building manager. The testimony revealed that his parent was aggressive and that the defendant began smoking cannabis aged ten. When he was 17 he was stopped by police for drug trafficking and his father evicted him of home. He served time in prison for trafficking in his early 20s and had worked as a laborer but had undergone periods of being unhoused.

He was wed and had a son with a genetic condition, who he was the principal carer for, as his spouse worked in a school canteen. The court heard his wife did not know he had frequent sexual encounters beyond their union. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had informed a mental health expert that once a year he sought commercial sex on his special day. His legal representatives informed the court he had a medical condition triggered by the stress of the initial proceedings.