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An individual has been found guilty on appeal of raping Gisèle Pelicot following she was rendered comatose by her spouse – and received his jail term increased to a decade.

Retrial Proceedings

Dogan, 44, an out-of-work construction worker, who had contested his first conviction last year, faced a new trial this week at the higher court in Nîmes.

A jury of nine jurors, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her bedroom in the south of France in the morning of 29 June 2019.

The evidence showed that Dogan, a married father, connected with the victim's husband at the time, Dominique Pelicot, in an digital platform called “without her knowledge”, where Pelicot was looking for men to come to his home to assault his wife after he had sedated her into a unconscious state.

We expect the panel will affirm that in this society, human rights are also rights of women – that permission is personal, not transferred,” said Gisèle Pelicot’s attorney, her legal representative. “Consent is secured personally and not by proxy from a spouse.”

Case History

Dominique Pelicot, among the most severe sexual predators in France's contemporary records, was given a prison term to twenty years in prison last year for drugging his spouse and soliciting numerous individuals to sexually assault her in her home in the community of the village of Mazan over a period of almost a decade of their union.

Fifty other men were found culpable in a widely publicized trial last year, and Dogan was the only man to contest his sentence. He was first sentenced to nine years in prison, a punishment raised on Thursday to 10 years.

The chief prosecutor, the prosecutor, had stated he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Evidence Presented

Dogan had first sent the husband sexually explicit photos and then driven an hour from his town in Provence to assault the victim, after informing his wife he was stepping out, the evidence indicated.

Pelicot, who was transported from isolation in prison to briefly provide testimony at the hearing, informed the court that the accused had known his wife had been “sedated” and he told to men by phone: “I seek someone to violate my wife after I’ve sedated her without her knowledge.”

The courtroom became a central issue for a wider discussion on rape culture in society as the defendant continued to say he was not guilty and had not committed rape, stating that because the victim's husband had invited him into the bedroom, his conduct had been justifiable.

The panel in the Nîmes appeals court was displayed visual proof of the victim's unresponsive form, unconscious and breathing heavily in a unconscious condition, while a smiling the perpetrator committed rape repeatedly over a duration of what investigators stated was 3.5 hours. The court official said she had been at danger of fatal outcome by choking. The state's case said there was no doubt that she had been unconscious and had not consented.

Dogan's Claims

The defendant stated to the court the videos were simply “sexual encounters” and disputed it was violation. He said what he did was “a consensual activity”, not rape. He told the court: “I am innocent of assault.” He said the victim's husband had invited him to the house, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I tried to halt,” Dogan told the court. “I carried on because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to harm that lady.”

Victim's Response

The survivor, who was applauded upon leaving court each day by onlookers present to stand with her, addressed Dogan in court: “You fail to comprehend. When are you going to recognise you assaulted me? It is illegal to assault an unaware woman. At what point did I give you permission? Not once.”

Gisèle Pelicot, 72, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said the defendant's failure to take accountability showed that: “The shame remains. Society is possibly in the midst of that, possibly propelled by the societal understanding resulting from the revelation of your ordeal.”

The prosecutor said the defendant's claims of non-guilt showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change rape culture to a culture of consent.”

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

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five moved to the nation of France, where his parent worked as a building manager. The evidence indicated that his parent was violent and that Dogan began consuming marijuana aged 10. When Dogan was seventeen he was caught by authorities for selling narcotics and his parent evicted him the family house. He was incarcerated in prison for trafficking in his early 20s and had worked as a construction worker but had experienced periods of homelessness.

He was wed and had a child with Down’s syndrome, who he was the principal carer for, as his wife worked in a educational cafeteria. The evidence showed his spouse did not know he had repeated extramarital activities beyond their union. His legal team said this was his way of coping with his stressful life. Dogan had informed a evaluator that each year he sought commercial sex on his special day. His lawyers told the court he had a medical condition caused by the pressure of the initial proceedings.