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An individual has been found guilty on appeal of raping Gisèle Pelicot after she was rendered comatose by her spouse – and was given his incarceration period raised to a decade.

Appeal Trial

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

A panel of five men and four women, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her residence in the south of France in the early hours of June 29, 2019.

The evidence showed that Dogan, a family man, reached out to Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom called “without her knowledge”, where the husband was recruiting men to visit his house to assault his wife once he had rendered her unconscious into a comatose state.

We trust the jury will affirm that in this nation, fundamental rights are also women’s rights – that consent is individual, not delegated,” said the victim's attorney, Antoine Camus. “Agreement is obtained personally and not through someone else from a husband.”

Background

The ex-husband, one of the worst sex offenders in France's contemporary records, was handed a sentence to 20 years in prison last year for incapacitating his then wife and bringing in numerous individuals to rape her in her home in the community of the village of Mazan over a duration of nearly ten years of their union.

Dozens of additional defendants were found guilty in a high-profile trial last year, and Dogan was the single defendant to contest his sentence. He was initially sentenced to 9 years in prison, a punishment increased on Thursday to ten years.

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

Courtroom Details

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

Pelicot, who was brought from segregation in prison to temporarily testify at the retrial, told the court that Dogan had known his wife had been “sedated” and he said to men by phone: “I want someone to violate my wife after I’ve sedated her without her consent.”

The courtroom became a central issue 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 the victim's husband had welcomed him into the residence, his actions had been permissible.

The jury in the higher court was presented with recorded footage of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a deep sleep, while a grinning Dogan committed rape on several occasions over a duration of what investigators stated was 3.5 hours. The judge said she had been at danger of fatal outcome by suffocation. The state prosecution said there was no doubt that she had been unaware and had not consented.

Defendant's Statements

Dogan stated to the court the footage were simply “sexual encounters” and rejected it was violation. 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 invited him to the home, and therefore it was permissible. He said he was deceived by the husband. “I wanted to stop,” Dogan told the court. “I carried on because he persuaded me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I did not intend to harm that lady.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon departing the trial each day by supporters present to back her, addressed the defendant in court: “You fail to comprehend. When will you admit you raped me? It’s a crime to rape an unconscious woman. When did I ever give you agreement? At no time.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she gave up her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, addressing Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “Guilt has not shifted. Society is possibly in the midst of that, possibly driven by the public consciousness resulting from the publication of your situation.”

Sie said Dogan’s claims of blamelessness showed how normalized violence was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change rape culture to a society based on agreement.”

Sie said to Dogan: “For as much as you reject it, it’s not just a woman, it’s an entire sordid social system that you are supporting.”

Personal History

The accused 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 court heard that his parent was aggressive and that Dogan began using drugs aged 10. When Dogan was 17 he was stopped by authorities for drug trafficking and his parent kicked him out the family house. He was incarcerated in prison for drug dealing in his twenties and had worked as a laborer 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 wife worked in a school canteen. The testimony revealed his spouse did not know he had repeated extramarital activities beyond their union. His defence said this was his strategy for managing with his challenging existence. The defendant had stated to a mental health expert that each year he looked for commercial sex on his birthday. His lawyers informed the court he had arthritis triggered by the stress of the original case.