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A man was convicted on retrial of raping Gisele Pelicot after she was rendered comatose by her spouse – and has had his incarceration period extended to 10 years.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had appealed his first conviction last year, underwent a new trial this week at the Nîmes court of appeal.

A jury of four women and five men, sitting with three judges, found Dogan guilty on Thursday of raping the victim in her residence in Provence in the early hours of 29 June 2019.

The court heard that Dogan, a family man, connected with the victim's spouse, Dominique Pelicot, in an digital platform called “without her consent”, where Pelicot was seeking men to visit his house to rape his wife once he had sedated her into a unconscious state.

We trust the jury will affirm that in this society, human rights are also rights of women – that permission is personal, not transferred,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Permission is obtained directly and not by proxy from a spouse.”

Context

Dominique Pelicot, one of the worst sex offenders in France's contemporary records, was sentenced to two decades in prison last year for drugging his wife at the time and inviting numerous individuals to sexually assault her in her home in the Provence village of the village of Mazan over a period of almost a decade of their marriage.

Fifty other men were found culpable in a widely publicized trial last year, and Dogan was the sole individual to challenge his verdict. He was originally given a sentence to 9 years in prison, a penalty enhanced on Thursday to 10 years.

The state's attorney, Dominique Sie, had argued he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

Dogan had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his town in Provence to rape the victim, after telling his wife he was going out, the testimony revealed.

Pelicot, who was transported from segregation in prison to briefly testify at the appeal trial, informed the court that Dogan had been aware his wife had been “drugged” and he communicated to men by phone: “I seek someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a key topic for a larger conversation on rape culture in society as the defendant continued to claim he was not guilty and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had welcomed him into the room, his actions had been acceptable.

The jury in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s unresponsive form, comatose and breathing heavily in a deep sleep, while a smiling Dogan engaged in violation on several occasions over a timeframe of what authorities reported was 3.5 hours. The judge said she had been at danger of death by choking. The prosecution said there was no question that she had been incapacitated and had not given permission.

Dogan's Claims

Dogan stated to the court the footage were simply “intimate moments” and denied it was rape. He said what he did was “an intimate behavior”, not assault. He stated the court: “I am innocent of assault.” He said the victim's husband had allowed him to the home, and therefore it was permissible. He said he was manipulated by the husband. “I attempted to cease,” Dogan told the court. “I continued because he reassured me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I never wanted to harm that individual.”

Victim's Response

The survivor, who was cheered upon departing the trial each day by onlookers present to stand with her, addressed Dogan in court: “You fail to comprehend. When will you acknowledge you violated me? It’s a crime to rape an unconscious woman. At what point did I give you permission? Never.”

The victim, seventy-two, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, turning to Gisèle Pelicot in court, said the defendant's failure to take blame showed that: “The shame remains. The public is perhaps in the course of that, perhaps motivated by the public consciousness resulting from the revelation of your case.”

The prosecutor said the defendant's claims of non-guilt showed how normalized violence was still common in society as part of “outdated” forms of “male domination”. He said: “We need to change rape culture to a ethos of permission.”

Sie told the defendant: “For as much as you reject it, it’s not just a person, it’s an entire unpleasant social system that you are supporting.”

Personal History

Dogan was born in Turkey and at the age of five came to the nation of France, where his parent worked as a caretaker. The testimony revealed that his father was abusive and that Dogan began consuming marijuana aged ten. When Dogan was 17 he was caught by police for selling narcotics and his parent forced him to leave the family house. He spent time in prison for narcotics offenses 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 special needs, who he was the principal carer for, as his wife worked in a institution's dining hall. The evidence showed his wife did not know he had frequent sexual encounters beyond their union. His defence said this was his method of dealing with his difficult circumstances. The defendant had told a court psychologist that annually he looked for transactional encounters on his special day. His attorneys informed the court he had joint inflammation resulting from the pressure of the initial proceedings.