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A man was convicted on retrial of raping Gisèle Pelicot after she was rendered comatose by her spouse – and was given his prison sentence extended to ten years.

Retrial Proceedings

The defendant, forty-four, an out-of-work construction worker, who had contested his first conviction last year, underwent a new trial this week at the appeals court in Nîmes.

A panel of nine jurors, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her residence in Provence in the morning of 29 June 2019.

The evidence showed that Dogan, a married father, connected with Gisèle Pelicot’s then husband, the husband, in an internet forum called “unbeknownst to her”, where Pelicot was looking for men to enter his residence to rape his wife after he had drugged her into a unconscious state.

“We hope the jury will say loud and clear that in this nation, fundamental rights are also rights of women – that agreement is personal, not transferred,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Permission is secured personally and not via a representative from a husband.”

Context

The husband, among the most severe sexual predators in France's contemporary records, was given a prison term to two decades in prison last year for drugging his wife at the time and bringing in dozens of men to rape her in her home in the town of the village of Mazan over a span of many years of their marriage.

Dozens of additional defendants were found convicted in a notable trial last year, and Dogan was the sole individual to appeal against his sentence. He was initially given a sentence to 9 years in prison, a punishment increased on Thursday to ten years.

The chief prosecutor, Dominique Sie, had contended he should serve twelve years, because he “absolutely refuses to take any accountability”.

Testimony and Proof

Dogan had first sent the husband graphic images and then driven an hour from his village in the region to rape the victim, after informing his wife he was leaving, the court heard.

The ex-husband, who was transported from solitary confinement in prison to briefly give evidence at the retrial, stated to the court that Dogan had understood his wife had been “drugged” and he communicated to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a central issue for a wider discussion on societal attitudes in society as the defendant continued to assert he was not guilty and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had allowed him into the room, his behavior had been permissible.

The panel in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s unresponsive form, unconscious and snoring in a unconscious condition, while a smiling the perpetrator engaged in violation repeatedly over a period of what authorities reported was three and a half hours. The judge said she had been at danger of fatal outcome by suffocation. The state prosecution said there was absolute certainty that she had been unaware and had not agreed.

Accused's Testimony

The defendant stated to the court the recordings were simply “sexual encounters” and disputed it was violation. He said what he did was “a consensual activity”, not assault. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was permissible. He said he was deceived by the husband. “I wanted to stop,” the accused told the court. “I carried on because he convinced me.”

Asked if he wanted to make a last words to the court, Dogan said: “I had no desire to harm that lady.”

Pelicot's Words

The victim, who was applauded upon exiting the courtroom each day by crowds gathered to stand with her, told the defendant in court: “You fail to comprehend. When will you admit you assaulted me? It’s a crime to rape an unaware woman. When did I ever give you consent? At no time.”

Gisèle Pelicot, 72, became an international feminist hero after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, speaking to the victim in court, said the defendant's unwillingness to take responsibility showed that: “Shame has not yet changed sides. The public is possibly in the midst of that, maybe driven by the societal understanding brought by the revelation of your ordeal.”

Sie said Dogan’s claims of innocence showed how rape culture was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “Now we must change rape culture to a culture of consent.”

Sie said to the defendant: “As long as you reject it, it’s not just a person, it’s an entire unpleasant cultural framework that you are upholding.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of five came to the nation of France, where his parent worked as a concierge. The testimony revealed that his father was abusive and that Dogan began smoking cannabis at the age of ten. When Dogan was 17 he was stopped by police for dealing drugs and his parent forced him to leave of home. He served time in prison for trafficking in his young adulthood and had worked as a laborer but had undergone periods of homelessness.

He was wed 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 frequent intimate relations outside their marriage. His defence said this was his method of dealing with his difficult circumstances. Dogan had stated to a court psychologist that each year he sought transactional encounters on his birthday. His attorneys told the court he had joint inflammation triggered by the pressure of the original case.