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A man has been found guilty on retrial of raping Gisele Pelicot after she was rendered comatose by her then-husband – and was given his prison sentence increased to ten years.

Appeal Trial

Dogan, forty-four, an out-of-work construction worker, who had contested his first conviction last year, faced a appeal hearing this week at the Nîmes court of appeal.

A panel of nine jurors, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her bedroom in the south of France in the early hours of 29 June 2019.

The testimony revealed that the accused, a family man, connected with Gisèle Pelicot’s husband at the time, the husband, in an digital platform called “without her consent”, where the husband was seeking men to visit his house to assault his wife after he had drugged her into a deep sleep.

“We hope the panel will say loud and clear that in this society, human rights are also rights of women – that permission is personal, not delegated,” stated the victim's lawyer, Antoine Camus. “Permission is received directly and not through someone else from a spouse.”

Case History

The husband, one of the worst sexual predators in recent French history, was handed a sentence to two decades in prison last year for sedating his spouse and bringing in dozens of men to sexually assault her in her home in the town of the village of Mazan over a duration of many years of their union.

Numerous other individuals were found convicted in a notable trial last year, and the appellant was the single defendant to appeal against his sentence. He was first handed a term to 9 years in prison, a punishment raised on Thursday to 10 years.

The state's attorney, Dominique Sie, had contended he should serve twelve years, because he “completely denies to take any accountability”.

Evidence Presented

Dogan had initially sent the husband sexually explicit photos and then driven an hour from his village in Provence to assault Gisèle Pelicot, after informing his wife he was stepping out, the evidence indicated.

Pelicot, who was transported from segregation in prison to temporarily give evidence at the hearing, informed the court that Dogan had been aware his wife had been “incapacitated” and he said to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a focus point for a larger conversation on rape culture in society as the defendant continued to assert he was blameless and had not engaged in violation, arguing that because the victim's husband had allowed him into the residence, his conduct had been acceptable.

The jury in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a unconscious condition, while a grinning Dogan committed rape multiple times over a duration of what authorities reported was three and a half hours. The presiding judge said she had been at danger of death by suffocation. The state's case said there was absolute certainty that she had been incapacitated and had not consented.

Defendant's Statements

The defendant told the court the footage were simply “sexual encounters” and denied it was rape. He said what he did was “a sexual act”, not rape. He told the court: “I did not commit rape.” He said the victim's husband had invited him to the residence, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I proceeded because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to hurt that lady.”

Victim's Response

Gisèle Pelicot, who was supported upon departing the trial each day by onlookers gathered to support her, told Dogan in court: “You do not grasp. When are you going to recognise you violated me? It is unlawful to assault an unaware woman. When did I ever give you agreement? Never.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said Dogan’s refusal to take responsibility showed that: “Shame has not yet changed sides. The community is possibly in the process of that, possibly driven by the public consciousness spurred by the revelation of your situation.”

Sie said Dogan’s claims of innocence showed how rape culture was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “We need to change rape culture to a society based on agreement.”

The prosecutor addressed the defendant: “While you deny it, it’s not just a person, it’s an whole unpleasant social system that you are endorsing.”

Personal History

The accused 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 parent was violent and that the defendant began consuming marijuana at the age of ten. When Dogan was 17 he was caught by authorities for dealing drugs and his parent evicted him of home. He spent time in prison for drug dealing in his early 20s and had worked as a construction worker but had experienced periods of being unhoused.

He was married and had a child with special needs, 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 regular extramarital activities beyond their union. His legal team said this was his method of dealing with his difficult circumstances. Dogan had informed a mental health expert that each year he looked for transactional encounters on his birthday. His attorneys told the court he had arthritis resulting from the pressure of the initial proceedings.