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An individual was convicted on retrial of raping Gisele Pelicot following she was rendered comatose by her husband – and received his prison sentence raised to 10 years.

Appeal Trial

The defendant, 44, an unemployed builder, who had appealed his first conviction last year, underwent a new trial this week at the appeals court in Nîmes.

A panel of nine jurors, joined by three judges, found Dogan guilty on Thursday of raping Pelicot in her home in Provence in the early hours of June 29, 2019.

The court heard that Dogan, a family man, reached out to Gisèle Pelicot’s husband at the time, the husband, in an online chatroom called “unbeknownst to her”, where the husband was looking for men to come to his home to rape his wife after he had sedated her into a unconscious state.

“We hope the jury will declare that in this nation, fundamental rights are also women’s rights – that permission is individual, not transferred,” stated the victim's lawyer, Antoine Camus. “Permission is obtained directly and not by proxy from a husband.”

Case History

The husband, among the most severe sexual predators in modern French history, was handed a sentence to twenty years in prison last year for sedating his spouse and soliciting dozens of men to sexually assault her in her home in the town of Mazan over a duration of nearly ten years of their marriage.

Dozens of additional defendants were found culpable in a notable trial last year, and the appellant was the single defendant to contest his verdict. He was first handed a term to 9 years in prison, a sentence raised on Thursday to a decade.

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

Courtroom Details

The defendant had first sent the husband inappropriate pictures and then traveled an hour from his village in Provence to assault Gisèle Pelicot, after informing his wife he was leaving, the testimony revealed.

The ex-husband, who was transported from segregation in prison to temporarily testify at the retrial, told the court that Dogan had been aware his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her unbeknownst to her.”

The proceedings became a central issue for a wider discussion on rape culture in society as Dogan continued to say he was innocent and had not engaged in violation, contending that because Gisèle Pelicot’s husband had allowed him into the room, his behavior had been permissible.

The jury in the higher court was displayed recorded footage of Gisèle Pelicot’s unconscious figure, sedated and breathing heavily in a deep sleep, while a smiling Dogan engaged in violation multiple times over a duration of what authorities reported was 3.5 hours. The judge said she had been at risk of death by choking. The state prosecution said there was no doubt that she had been unaware and had not consented.

Accused's Testimony

Dogan stated to the court the videos were simply “sex scenes” and denied it was violation. He said what he did was “an intimate behavior”, not assault. He told 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 manipulated by the husband. “I tried to halt,” the accused told the court. “I carried on because he persuaded me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to hurt that lady.”

Victim's Response

Gisèle Pelicot, who was supported upon leaving court each day by supporters assembled to support her, said to the defendant in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is unlawful to assault an unconscious woman. How could I have give you consent? Never.”

Gisèle Pelicot, 72, became an international feminist hero after she relinquished her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, turning to the victim in court, said the defendant's unwillingness to take blame showed that: “Shame has not yet changed sides. Society is perhaps in the process of that, possibly propelled by the societal understanding spurred by the revelation of your situation.”

The prosecutor said the defendant's claims of non-guilt showed how societal tolerance was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change rape culture to a ethos of permission.”

The prosecutor addressed the defendant: “For as much as you refuse to admit it, it’s not just a individual, it’s an complete unpleasant social system that you are upholding.”

Biographical Details

The accused was originated from the country of Turkey and at the age of 5 moved to the nation of France, where his parent worked as a concierge. The testimony revealed that his father was violent and that Dogan began using drugs at the age of 10. When Dogan was 17 he was caught by authorities for drug trafficking and his father kicked him out the residence. He was incarcerated in prison for trafficking in his young adulthood and had worked as a laborer but had experienced periods of living on the streets.

He was married and had a son with a genetic condition, who he was the principal carer for, as his wife worked in a institution's dining hall. The evidence showed his spouse did not know he had frequent extramarital activities outside their marriage. His defence said this was his way of coping with his challenging existence. Dogan had told a court psychologist that annually he sought paid sex on his birthday. His attorneys stated to the court he had joint inflammation triggered by the anxiety of the original case.