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A defendant was declared guilty on retrial of raping Gisele Pelicot following she was rendered comatose by her then-husband – and has had his incarceration period raised to a decade.

Higher Court Case

Dogan, forty-four, an out-of-work construction worker, who had contested his initial guilty verdict last year, experienced a retrial this week at the Nîmes court of appeal.

A panel of four women and five men, accompanied by three judges, convicted Dogan on Thursday of raping the victim in her residence in the south of France in the morning of June 29, 2019.

The evidence showed that Dogan, a married father, reached out to the victim's husband at the time, Dominique Pelicot, in an internet forum titled “without her knowledge”, where Pelicot was recruiting men to enter his residence to assault his wife after he had drugged her into a unconscious state.

We trust the court will affirm that in this society, human rights are also rights of women – that permission is individual, not given by another,” declared Gisèle Pelicot’s lawyer, her legal representative. “Agreement is secured personally and not via a representative from a spouse.”

Context

The ex-husband, one of the worst sex offenders in modern French history, was handed a sentence to two decades in prison last year for sedating his wife at the time and bringing in multiple perpetrators to rape her in her home in the town of Mazan over a period of nearly ten years of their union.

Dozens of additional defendants were found guilty in a notable trial last year, and Dogan was the sole individual to challenge his sentence. He was initially given a sentence to 9 years in prison, a punishment raised on Thursday to 10 years.

The state's attorney, the prosecutor, had contended he should serve 12 years, because he “completely denies to take any responsibility”.

Evidence Presented

The defendant had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his village in the region to assault the victim, after informing his wife he was stepping out, the testimony revealed.

Pelicot, who was brought from isolation in prison to temporarily give evidence at the hearing, informed the court that Dogan had known his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her without her consent.”

The courtroom became a central issue for a broader debate on societal attitudes in society as the defendant continued to say he was blameless and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had welcomed him into the residence, his actions had been permissible.

The jury in the higher court was presented with recorded footage of Gisèle Pelicot’s limp body, unconscious and snoring in a unconscious condition, while a smiling Dogan engaged in violation on several occasions over a period of what police said was 3.5 hours. The presiding judge said she had been at danger of death by choking. The state's case said there was no doubt that she had been unaware and had not consented.

Accused's Testimony

Dogan told the court the videos were simply “sexual encounters” and denied it was violation. He said what he did was “an intimate behavior”, not rape. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was OK. He said he was manipulated by the husband. “I tried to halt,” Dogan stated to the court. “I proceeded because he reassured me.”

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

Survivor's Statement

The survivor, who was supported upon departing the trial each day by onlookers assembled to stand with her, addressed Dogan in court: “You do not grasp. When will you admit you raped me? It is illegal to assault an unaware woman. When did I ever give you consent? Not once.”

The victim, 72, became an global icon after she waived her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's failure to take responsibility showed that: “Guilt has not shifted. The community is maybe in the process of that, perhaps motivated by the collective awareness resulting from the revelation of your situation.”

Sie said Dogan’s claims of innocence showed how societal tolerance was still common in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change rape culture to a ethos of permission.”

Sie addressed Dogan: “For as much as you refuse to admit it, it’s not just a individual, it’s an complete disturbing social system that you are endorsing.”

Personal History

Dogan was born in the country of Turkey and at the age of 5 came to France, where his father worked as a building manager. The testimony revealed that his father was violent and that Dogan began consuming marijuana at the age of ten. When Dogan was seventeen he was apprehended by police for selling narcotics and his father evicted him of home. He served time in prison for narcotics offenses in his young adulthood and had worked as a laborer but had undergone periods of homelessness.

He was wed and had a child with special needs, who he was the primary guardian for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had regular extramarital activities outside their union. His defence said this was his method of dealing with his stressful life. Dogan had informed a evaluator that annually he engaged in transactional encounters on his birthday. His attorneys stated to the court he had joint inflammation triggered by the anxiety of the initial proceedings.