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A man was declared guilty on retrial of raping Gisèle Pelicot after she was rendered comatose by her husband – and has had his incarceration period raised to a decade.

Higher Court Case

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

A panel of four women and five men, joined by three judges, ruled against Dogan on Thursday of raping the victim in her bedroom in Provence in the morning of 29 June 2019.

The evidence showed that the accused, a married father, reached out to the victim's husband at the time, the husband, in an digital platform called “unbeknownst to her”, where Pelicot was recruiting men to come to his home to assault his wife once he had rendered her unconscious into a unconscious state.

We expect the panel will declare that in this society, human rights are also women’s rights – that consent is individual, not given by another,” stated the victim's attorney, her legal representative. “Permission is secured personally and not via a representative from a spouse.”

Background

The ex-husband, one of the worst sex offenders in modern French history, was sentenced to 20 years in prison last year for incapacitating his then wife and soliciting dozens of men to sexually assault her in her home in the community of Mazan over a period of almost a decade of their union.

Fifty other men were found culpable in a notable trial last year, and Dogan was the single defendant to contest his verdict. He was originally sentenced to 9 years in prison, a punishment enhanced on Thursday to ten years.

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

Testimony and Proof

Dogan had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in Provence to assault the victim, after informing his wife he was going out, the court heard.

The ex-husband, who was brought from segregation in prison to temporarily provide testimony at the hearing, stated to the court that Dogan had known his wife had been “sedated” and he said to men by phone: “I want someone to assault my wife after I’ve sedated her without her consent.”

The courtroom became a focus point for a broader debate on rape culture in society as the defendant continued to claim he was innocent and had not committed rape, stating that because Gisèle Pelicot’s husband had welcomed him into the room, his actions had been permissible.

The panel in the higher court was displayed video evidence of Gisèle Pelicot’s limp body, unconscious and snoring in a deep sleep, while a smiling the perpetrator engaged in violation multiple times over a period of what investigators stated was several hours. The judge said she had been at risk of fatal outcome by choking. The prosecution said there was no question that she had been unconscious and had not consented.

Accused's Testimony

Dogan told the court the footage were simply “intimate moments” and disputed it was violation. He said what he did was “a consensual activity”, not assault. He declared the court: “I did not commit rape.” He said the victim's husband had allowed him to the residence, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I wanted to stop,” the accused stated to the court. “I proceeded because he convinced me.”

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

Survivor's Statement

The survivor, who was supported upon leaving court each day by supporters assembled to stand with her, said to Dogan in court: “You haven’t understood. When will you admit you violated me? It is unlawful to assault an unaware woman. When did I ever give you agreement? Not once.”

The victim, 72, became an global icon after she relinquished her right to confidentiality in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, turning to Gisèle Pelicot in court, said the defendant's unwillingness to take responsibility showed that: “Shame has not yet changed sides. Society is possibly in the process of that, possibly motivated by the societal understanding resulting from the publication of your ordeal.”

Sie said Dogan’s claims of blamelessness showed how normalized violence was still common in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change the culture of violence to a ethos of permission.”

The prosecutor said to the defendant: “For as much as you refuse to admit it, it’s not just a person, it’s an entire sordid cultural framework that you are endorsing.”

Defendant's Background

Dogan was originated from Turkey and at the age of five came to France, where his parent worked as a building manager. The court heard that his father was aggressive and that Dogan began smoking cannabis at the age of ten. When he was 17 he was caught by authorities for drug trafficking and his parent kicked him out the residence. He spent time in prison for drug dealing in his twenties and had worked as a builder but had faced periods of being unhoused.

He was married and had a child with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had regular sexual encounters outside their union. His defence said this was his method of dealing with his difficult circumstances. Dogan had stated to a court psychologist that each year he looked for paid sex on his special day. His legal representatives stated to the court he had arthritis triggered by the anxiety of the original case.