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A man was convicted on appeal of raping Gisèle Pelicot after she was rendered comatose by her husband – and was given his incarceration period extended to ten years.

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, faced a new trial this week at the higher court in Nîmes.

A jury of nine jurors, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in the south of France in the early hours of 29 June 2019.

The court heard that the accused, a family man, reached out to the victim's spouse, the husband, in an online chatroom named “without her knowledge”, where Pelicot was recruiting men to visit his house to rape his wife once he had sedated her into a comatose state.

We trust the court will affirm that in this country, human rights are also rights of women – that permission is personal, not transferred,” stated the victim's lawyer, Antoine Camus. “Consent is secured directly and not via a representative from a spouse.”

Background

The ex-husband, one of the worst sexual predators in modern French history, was sentenced to 20 years in prison last year for incapacitating his then wife and bringing in multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a period of nearly ten years of their union.

Dozens of additional defendants were found culpable in a high-profile trial last year, and the appellant was the single defendant to appeal against his verdict. He was initially sentenced to nine years in prison, a penalty enhanced on Thursday to a decade.

The state's attorney, the prosecutor, had argued he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Evidence Presented

Dogan had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his town in Provence to rape Gisèle Pelicot, after informing his wife he was leaving, the court heard.

The ex-husband, who was transported from segregation in prison to briefly give evidence at the retrial, informed the court that Dogan had been aware his wife had been “sedated” and he told to men by phone: “I want someone to assault my wife after I’ve sedated her unbeknownst to her.”

The proceedings became a key topic for a larger conversation on rape culture in society as Dogan continued to claim he was innocent and had not engaged in violation, contending that because the victim's husband had invited him into the residence, his actions had been acceptable.

The jury in the Nîmes appeals court was presented with recorded footage of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a unconscious condition, while a smiling Dogan engaged in violation repeatedly over a timeframe of what authorities reported was several hours. The court official said she had been at risk of fatal outcome by asphyxiation. The state's case said there was absolute certainty that she had been unaware and had not given permission.

Dogan's Claims

The defendant informed the court the recordings were simply “sexual encounters” and denied it was violation. He said what he did was “a consensual activity”, not assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was permissible. He said he was deceived by the husband. “I wanted to stop,” Dogan told the court. “I proceeded because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to hurt that woman.”

Pelicot's Words

The victim, who was cheered upon exiting the courtroom each day by supporters assembled to support her, addressed the defendant in court: “You haven’t understood. When will you acknowledge you violated me? It’s a crime to assault an unaware woman. When did I ever give you permission? Not once.”

The victim, 72, became an international feminist hero after she relinquished her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said the defendant's refusal to take responsibility showed that: “Shame has not yet changed sides. Society is maybe in the process of that, perhaps driven by the collective awareness brought by the publication of your case.”

Sie said Dogan’s claims of blamelessness showed how normalized violence was still common in society as part of “archaic” forms of “male domination”. He said: “We need to change the culture of violence to a society based on agreement.”

Sie said to the defendant: “As long as you refuse to admit it, it’s not just a woman, it’s an whole sordid societal structure that you are supporting.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five relocated to France, where his father worked as a concierge. The evidence indicated that his parent was aggressive and that Dogan began smoking cannabis aged 10. When he was seventeen he was apprehended by police for dealing drugs and his father kicked him out the residence. He spent time in prison for drug dealing in his early 20s and had worked as a construction worker but had undergone periods of homelessness.

He was wed and had a son with a genetic condition, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The court heard his wife did not know he had frequent intimate relations outside their union. His legal team said this was his strategy for managing with his challenging existence. The defendant had stated to a mental health expert that annually he looked for transactional encounters on his birthday. His attorneys stated to the court he had a medical condition triggered by the stress of the original case.