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A defendant was declared guilty on retrial of raping Gisele Pelicot after she was rendered comatose by her spouse – and received his incarceration period extended to 10 years.

Higher Court Case

The defendant, 44, an out-of-work construction worker, who had challenged his first conviction last year, faced a new trial this week at the Nîmes court of appeal.

A jury of five men and four women, accompanied by three judges, ruled against Dogan on Thursday of raping the victim in her bedroom in Provence in the morning of June 29, 2019.

The evidence showed that Dogan, a family man, made contact with the victim's spouse, the husband, in an online chatroom titled “without her knowledge”, where Pelicot was recruiting men to visit his house to assault his wife after he had rendered her unconscious into a unconscious state.

“We hope the court will affirm that in this nation, human rights are also women’s rights – that permission is personal, not delegated,” said the victim's lawyer, Antoine Camus. “Permission is secured directly and not through someone else from a husband.”

Case History

Dominique Pelicot, a notorious sexual predators in modern French history, was sentenced to two decades in prison last year for drugging his then wife and soliciting dozens of men to rape her in her home in the community of Mazan over a duration of nearly ten years of their union.

Numerous other individuals were found guilty in a widely publicized trial last year, and Dogan was the sole individual to challenge his conviction. He was initially handed a term to 9 years in prison, a sentence enhanced on Thursday to 10 years.

The chief prosecutor, the prosecutor, had argued he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Courtroom Details

The defendant had first sent the husband sexually explicit photos and then traveled an hour from his town in the region to rape the victim, after notifying his wife he was going out, the testimony revealed.

Pelicot, who was transported from segregation in prison to temporarily testify at the appeal trial, stated to the court that the accused had been aware his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep without her knowledge.”

The courtroom became a key topic for a broader debate on rape culture in society as the defendant continued to say he was blameless and had not committed rape, contending that because Gisèle Pelicot’s husband had invited him into the bedroom, his conduct had been acceptable.

The panel in the Nîmes appeals court was displayed video evidence of the victim's unresponsive form, comatose and breathing heavily in a deep sleep, while a grinning the perpetrator performed assault repeatedly over a period of what authorities reported was three and a half hours. The presiding judge said she had been at peril of death by asphyxiation. The prosecution said there was no question that she had been unconscious and had not consented.

Defendant's Statements

Dogan informed the court the videos were simply “sex scenes” and denied it was violation. He said what he did was “a sexual act”, not assault. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was acceptable. He said he was influenced by the husband. “I tried to halt,” Dogan informed the court. “I carried on because he reassured me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I never wanted to injure that lady.”

Victim's Response

The victim, who was applauded upon departing the trial each day by crowds present to support her, told Dogan in court: “You haven’t understood. When are you going to recognise you raped me? It is illegal to rape an unaware woman. How could I have give you agreement? Not once.”

The victim, 72, became an international feminist hero after she gave up her right to confidentiality in the trial last year when she said: “The shame should shift.”

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “Shame has not yet changed sides. The public is possibly in the midst of that, possibly propelled by the collective awareness resulting from the revelation of your case.”

Sie said Dogan’s claims of non-guilt showed how societal tolerance was still common in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a ethos of permission.”

Sie told the defendant: “While you refuse to admit it, it’s not just a individual, it’s an entire unpleasant cultural framework that you are endorsing.”

Personal History

The accused was born in Turkey and at the age of five relocated to the nation of France, where his parent worked as a concierge. The court heard that his father was abusive and that Dogan began smoking cannabis aged ten. When Dogan was 17 he was stopped by authorities for dealing drugs and his father evicted him the family house. He was incarcerated in prison for drug dealing in his early 20s and had worked as a builder but had experienced periods of living on the streets.

He was wed and had a son with special needs, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The evidence showed 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. Dogan had told a court psychologist that annually he looked for paid sex on his birthday. His lawyers stated to the court he had a medical condition caused by the stress of the original case.