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An individual has been found guilty on retrial of raping Gisèle Pelicot following she was rendered comatose by her husband – and received his prison sentence raised to 10 years.

Retrial Proceedings

Dogan, forty-four, an unemployed builder, who had appealed his first conviction last year, underwent a new trial this week at the appeals court in Nîmes.

A jury of nine jurors, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her residence in the south of France in the morning of 29 June 2019.

The court heard that the accused, a family man, made contact with the victim's husband at the time, Dominique Pelicot, in an digital platform named “without her consent”, where the husband was recruiting men to enter his residence to rape his wife once he had rendered her unconscious into a deep sleep.

We expect the panel will say loud and clear that in this society, human rights are also women’s rights – that agreement is individual, not delegated,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Permission is secured personally and not through someone else from a spouse.”

Background

Dominique Pelicot, a notorious sex offenders in modern French history, was given a prison term to 20 years in prison last year for drugging his spouse and bringing in numerous individuals to rape her in her home in the community of the village of Mazan over a period of many years of their marriage.

Fifty other men were found guilty in a high-profile trial last year, and the appellant was the single defendant to appeal against his conviction. He was initially handed a term to nine years in prison, a sentence increased on Thursday to ten years.

The lead state prosecutor, the prosecutor, had stated he should serve 12 years, because he “completely denies to take any blame”.

Evidence Presented

The defendant had initially sent Dominique Pelicot graphic images and then driven an hour from his town in the region to rape Gisèle Pelicot, after telling his wife he was leaving, the court heard.

The ex-husband, who was transported from segregation in prison to temporarily testify at the hearing, stated to the court that Dogan had been aware his wife had been “drugged” and he communicated to men by phone: “I want someone to abuse my wife after I’ve put her to sleep without her knowledge.”

The courtroom became a central issue for a larger conversation on rape culture in society as Dogan continued to claim he was blameless and had not committed rape, arguing that because the victim's husband had welcomed him into the residence, his conduct had been acceptable.

The panel in the higher court was shown visual proof of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a comatose state, while a smiling the perpetrator performed assault on several occasions over a duration of what police said was three and a half hours. The court official said she had been at danger of fatal outcome by asphyxiation. The state's case said there was absolute certainty that she had been unconscious and had not consented.

Defendant's Statements

The defendant stated to the court the footage were simply “sexual encounters” and denied it was rape. He said what he did was “a sexual act”, not rape. He stated the court: “I am innocent of assault.” He said the victim's husband had allowed him to the house, and therefore it was OK. He said he was influenced by the husband. “I tried to halt,” the accused stated to the court. “I proceeded because he reassured me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I had no desire to injure that woman.”

Pelicot's Words

The survivor, who was cheered upon exiting the courtroom each day by supporters present to support her, told the defendant in court: “You haven’t understood. When will you admit you assaulted me? It is unlawful to rape an unaware woman. How could I have give you agreement? At no time.”

Gisèle Pelicot, 72, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “The shame should shift.”

State's Argument

The prosecutor, addressing the victim in court, said Dogan’s failure to take accountability showed that: “Guilt has not shifted. The public is perhaps in the midst of that, perhaps motivated by the collective awareness resulting from the revelation of your situation.”

Sie said the defendant's claims of blamelessness showed how rape culture was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “We need to change the culture of violence to a ethos of permission.”

Sie told Dogan: “For as much as you refuse to admit it, it’s not just a person, it’s an whole disturbing societal structure that you are supporting.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five moved to the nation of France, where his father worked as a caretaker. The court heard that his parent was aggressive and that the defendant began consuming marijuana at the age of 10. When Dogan was 17 he was stopped by police for selling narcotics and his father evicted him the family house. He served time in prison for narcotics offenses in his twenties and had worked as a builder but had experienced periods of being unhoused.

He was married and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The court heard his wife did not know he had regular extramarital activities outside their union. His legal team said this was his way of coping with his stressful life. The defendant had told a court psychologist that once a year he engaged in transactional encounters on his special day. His legal representatives stated to the court he had joint inflammation resulting from the anxiety of the original case.