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An individual was convicted on retrial of raping Gisèle Pelicot after she was rendered comatose by her husband – and has had his incarceration period extended to ten years.

Appeal Trial

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

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

The court heard that Dogan, a married father, reached out to Gisèle Pelicot’s spouse, the husband, in an internet forum titled “without her consent”, where Pelicot was looking for men to come to his home to assault his wife after he had rendered her unconscious into a unconscious state.

“We hope the court will affirm that in this country, fundamental rights are also women’s rights – that agreement is personal, not transferred,” declared the victim's attorney, her legal representative. “Agreement is received personally and not via a representative from a husband.”

Background

The ex-husband, a notorious sex offenders in recent French history, was given a prison term to 20 years in prison last year for incapacitating his wife at the time and inviting multiple perpetrators to sexually assault her in her home in the community of the village of Mazan over a duration of almost a decade of their union.

Numerous other individuals were found culpable in a high-profile trial last year, and the appellant was the single defendant to appeal against his verdict. He was originally given a sentence to 9 years in prison, a penalty enhanced on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had argued he should serve twelve years, because he “completely denies to take any blame”.

Evidence Presented

The defendant had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his town in Provence to assault the victim, after notifying his wife he was leaving, the court heard.

The ex-husband, who was brought from solitary confinement in prison to briefly testify at the retrial, stated to the court that Dogan had understood his wife had been “drugged” and he told to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a key topic for a wider discussion on sexual violence norms in society as Dogan continued to say he was not guilty and had not committed rape, contending that because the victim's husband had invited him into the residence, his conduct had been justifiable.

The jury in the Nîmes appeals court was displayed recorded footage of the victim's unresponsive form, comatose and breathing heavily in a comatose state, while a smiling Dogan engaged in violation multiple times over a timeframe of what investigators stated was several hours. The court official said she had been at danger of death by choking. The state prosecution said there was no doubt that she had been incapacitated and had not consented.

Accused's Testimony

Dogan stated to the court the recordings were simply “sex scenes” and rejected it was rape. He said what he did was “an intimate behavior”, not assault. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused told the court. “I proceeded because he persuaded me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I had no desire to injure that lady.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon leaving court each day by crowds present to back her, said to the defendant in court: “You haven’t understood. When will you acknowledge you violated me? It is unlawful to assault an incapacitated woman. When did I ever give you agreement? Not once.”

Gisèle Pelicot, seventy-two, became an global icon after she gave up her right to anonymity in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, turning to the victim in court, said the defendant's refusal to take responsibility showed that: “Shame has not yet changed sides. The community is maybe in the midst of that, maybe motivated by the public consciousness spurred by the revelation of your situation.”

Sie said the defendant's claims of innocence showed how societal tolerance was still prevalent in society as part of “archaic” forms of “male domination”. He said: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor addressed Dogan: “For as much as you reject it, it’s not just a woman, it’s an whole disturbing social system that you are supporting.”

Defendant's Background

The accused was born in the country of Turkey and at the age of 5 relocated to France, where his parent worked as a building manager. The court heard that his father was abusive and that Dogan began smoking cannabis aged 10. When he was 17 he was caught by authorities for dealing drugs and his parent evicted him of home. He was incarcerated in prison for drug dealing in his early 20s and had worked as a laborer but had faced periods of homelessness.

He was married and had a child with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The testimony revealed his wife did not know he had regular sexual encounters outside their marriage. His legal team said this was his method of dealing with his difficult circumstances. The defendant had told a mental health expert that once a year he sought paid sex on his special day. His legal representatives stated to the court he had arthritis caused by the stress of the first trial.