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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 was given his prison sentence extended to ten years.

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had appealed his first conviction last year, faced a retrial this week at the appeals court in Nîmes.

A jury of nine jurors, joined by three judges, found Dogan guilty on Thursday of raping Pelicot in her residence in the south of France in the morning of 29 June 2019.

The testimony revealed that the accused, a family man, made contact with Gisèle Pelicot’s spouse, the husband, in an online chatroom called “unbeknownst to her”, where the husband was recruiting men to come to his home to rape his wife after he had rendered her unconscious into a comatose state.

“We hope the jury will declare that in this society, human rights are also rights of women – that agreement is personal, not given by another,” stated the victim's lawyer, her legal representative. “Consent is secured personally and not via a representative from a husband.”

Background

Dominique Pelicot, a notorious sex offenders in recent French history, was handed a sentence to 20 years in prison last year for incapacitating his then wife and bringing in multiple perpetrators to rape her in her home in the community of Mazan over a span of nearly ten years of their union.

Fifty other men were found convicted in a notable trial last year, and the appellant was the single defendant to contest his conviction. He was originally sentenced to 9 years in prison, a punishment increased on Thursday to ten years.

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

Courtroom Details

Dogan had first sent the husband inappropriate pictures and then driven an hour from his town in the region to assault the victim, after telling his wife he was going out, the court heard.

Pelicot, who was brought from isolation in prison to temporarily give evidence at the retrial, informed the court that the accused had understood his wife had been “drugged” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a central issue for a larger conversation on societal attitudes in society as the defendant continued to say he was innocent and had not engaged in violation, stating that because Gisèle Pelicot’s husband had welcomed him into the room, his actions had been permissible.

The jury in the higher court was displayed video evidence of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a deep sleep, while a grinning the perpetrator engaged in violation multiple times over a timeframe of what police said was several hours. The presiding judge said she had been at danger of death by asphyxiation. The prosecution said there was no question that she had been unaware and had not agreed.

Accused's Testimony

The defendant told the court the footage were simply “intimate moments” and disputed it was assault. He said what he did was “a sexual act”, not assault. He declared the court: “I never raped.” He said the victim's husband had allowed him to the house, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I continued because he convinced me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I had no desire to injure that woman.”

Victim's Response

Gisèle Pelicot, who was applauded upon departing the trial each day by supporters gathered to stand with her, addressed the defendant in court: “You fail to comprehend. When will you acknowledge you violated me? It’s a crime to rape an unaware woman. When did I ever give you consent? Never.”

The victim, seventy-two, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take blame showed that: “Guilt has not shifted. Society is maybe in the course of that, maybe propelled by the societal understanding resulting from the revelation of your situation.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still common in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change rape culture to a culture of consent.”

Sie addressed Dogan: “While you reject it, it’s not just a woman, it’s an entire disturbing cultural framework that you are supporting.”

Personal History

Dogan was born in the country of Turkey and at the age of five moved to the nation of France, where his parent worked as a concierge. The court heard that his parent was violent and that the defendant began using drugs aged 10. When he was 17 he was caught by authorities for drug trafficking and his father evicted him of home. He served time in prison for narcotics offenses in his twenties and had worked as a construction worker but had faced periods of homelessness.

He was wed 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 evidence showed his spouse did not know he had repeated sexual encounters outside their marriage. His defence said this was his strategy for managing with his stressful life. The defendant had stated to a evaluator that each year he looked for transactional encounters on his birthday. His attorneys stated to the court he had a medical condition caused by the anxiety of the first trial.