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A defendant was declared guilty on appeal of raping Gisèle Pelicot following she was rendered comatose by her then-husband – and received his prison sentence extended to ten years.

Higher Court Case

Dogan, 44, an unemployed builder, who had contested his initial guilty verdict last year, experienced a retrial this week at the appeals court in Nîmes.

A panel of nine jurors, sitting with three judges, found Dogan guilty on Thursday of raping Pelicot in her bedroom in the south of France in the morning of 29 June 2019.

The court heard that Dogan, a family man, reached out to Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom titled “without her consent”, where the husband was recruiting men to enter his residence to rape his wife once he had sedated her into a unconscious state.

We trust the jury will say loud and clear that in this society, fundamental rights are also women’s rights – that permission is individual, not transferred,” stated the victim's lawyer, her legal representative. “Agreement is obtained directly and not through someone else from a spouse.”

Context

The ex-husband, among the most severe sex offenders in modern French history, was sentenced to 20 years in prison last year for incapacitating his wife at the time and inviting dozens of men to rape her in her home in the community of the village of Mazan over a duration of almost a decade of their marriage.

Fifty other men were found culpable in a notable trial last year, and the appellant was the sole individual to contest his sentence. He was initially given a sentence to 9 years in prison, a penalty enhanced on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had contended he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Evidence Presented

Dogan had first sent Dominique Pelicot graphic images and then driven an hour from his residence in Provence to rape Gisèle Pelicot, after telling his wife he was going out, the testimony revealed.

The ex-husband, who was transported from isolation in prison to briefly provide testimony at the retrial, told the court that the accused had understood his wife had been “drugged” and he told 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 focus point for a wider discussion on rape culture in society as the defendant continued to say he was blameless and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had allowed him into the bedroom, his actions had been permissible.

The panel in the higher court was shown recorded footage of Gisèle Pelicot’s unresponsive form, comatose and snoring in a unconscious condition, while a smiling the perpetrator committed rape on several occasions over a period of what authorities reported was several hours. The court official said she had been at peril of fatal outcome by choking. The state's case said there was no question that she had been unconscious and had not given permission.

Dogan's Claims

Dogan stated to the court the footage were simply “intimate moments” and denied it was violation. He said what he did was “a sexual act”, not assault. 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 deceived by the husband. “I wanted to stop,” the accused informed the court. “I carried on because he convinced me.”

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

Pelicot's Words

The victim, who was supported upon exiting the courtroom each day by supporters present to back her, told the defendant in court: “You fail to comprehend. When will you admit you assaulted me? It is unlawful to assault an unconscious woman. When did I ever give you permission? Never.”

The victim, 72, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, turning to Gisèle Pelicot in court, said the defendant's unwillingness to take blame showed that: “The shame remains. Society is possibly in the midst of that, maybe motivated by the public consciousness brought by the publication of your ordeal.”

The prosecutor said the defendant's claims of non-guilt showed how normalized violence was still common in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change rape culture to a ethos of permission.”

Sie said to the defendant: “For as much as you deny it, it’s not just a individual, it’s an entire disturbing cultural framework that you are endorsing.”

Personal History

Dogan was originated from the country of Turkey and at the age of 5 relocated to France, where his father worked as a building manager. The court heard that his father was aggressive and that the defendant began consuming marijuana at the age of 10. When he was 17 he was caught by police for dealing drugs and his parent forced him to leave of home. He was incarcerated in prison for trafficking in his twenties and had worked as a builder but had experienced periods of homelessness.

He was wed and had a son with Down’s syndrome, who he was the principal carer for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had repeated extramarital activities beyond their union. His defence said this was his method of dealing with his difficult circumstances. Dogan had informed a evaluator that each year he engaged in paid sex on his special day. His legal representatives informed the court he had arthritis caused by the anxiety of the original case.