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A man was declared guilty on retrial of raping Gisèle Pelicot following she was rendered comatose by her then-husband – and has had his incarceration period extended to 10 years.

Higher Court Case

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

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

The evidence showed that the accused, a married father, reached out to the victim's then husband, the husband, in an internet forum called “without her consent”, where Pelicot was recruiting men to enter his residence to assault his wife once he had drugged her into a comatose state.

We expect the jury will declare that in this country, fundamental rights are also women’s rights – that agreement is personal, not transferred,” stated the victim's attorney, Antoine Camus. “Consent is secured personally and not via a representative from a husband.”

Background

Dominique Pelicot, one of the worst sexual predators in recent French history, was handed a sentence to two decades in prison last year for drugging his then wife and inviting dozens of men to sexually assault her in her home in the town of the village of Mazan over a duration of many years of their marriage.

Fifty other men were found guilty in a notable trial last year, and the appellant was the only man to challenge his conviction. He was initially given a sentence to nine years in prison, a penalty enhanced on Thursday to ten years.

The chief prosecutor, the prosecutor, had contended he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in Provence to rape the victim, after telling his wife he was leaving, the evidence indicated.

Pelicot, who was transported from segregation in prison to temporarily give evidence at the hearing, stated to the court that the accused had known his wife had been “drugged” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a key topic for a broader debate on rape culture in society as the defendant continued to say he was blameless and had not engaged in violation, stating that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his behavior had been acceptable.

The jury in the higher court was presented with visual proof of the victim's unresponsive form, unconscious and breathing heavily in a comatose state, while a grinning Dogan performed assault on several occasions over a period of what investigators stated was three and a half hours. The court official said she had been at peril of death by asphyxiation. The state's case said there was no question that she had been unconscious and had not consented.

Dogan's Claims

The defendant stated to the court the footage were simply “sex scenes” and denied it was violation. He said what he did was “an intimate behavior”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan informed the court. “I carried on because he convinced me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I never wanted to hurt that lady.”

Pelicot's Words

The survivor, who was supported upon exiting the courtroom each day by crowds gathered to stand with her, told Dogan in court: “You do not grasp. When are you going to recognise you violated me? It’s a crime to rape an unconscious woman. How could I have give you permission? At no time.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she gave up her right to confidentiality 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 refusal to take responsibility showed that: “Guilt has not shifted. The public is maybe in the midst of that, possibly propelled by the collective awareness spurred by the publication of your situation.”

Sie said Dogan’s claims of non-guilt showed how normalized violence was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “Now we must change rape culture to a ethos of permission.”

The prosecutor addressed Dogan: “For as much as you deny it, it’s not just a individual, it’s an whole unpleasant societal structure that you are upholding.”

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 father worked as a concierge. The evidence indicated that his parent was violent and that Dogan began consuming marijuana aged 10. When he was seventeen he was stopped by authorities for dealing drugs and his father evicted him the residence. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a construction worker but had experienced periods of living on the streets.

He was wed and had a child with special needs, who he was the primary guardian for, as his wife worked in a educational cafeteria. The testimony revealed his spouse did not know he had repeated sexual encounters beyond their marriage. His defence said this was his method of dealing with his difficult circumstances. The defendant had told a court psychologist that each year he looked for transactional encounters on his special day. His lawyers stated to the court he had a medical condition triggered by the stress of the original case.