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A man has been found guilty on retrial of raping Gisèle Pelicot following she was rendered comatose by her husband – and received his jail term extended to 10 years.

Higher Court Case

The defendant, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, underwent a new trial this week at the higher court in Nîmes.

A jury of four women and five men, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her home in Provence in the early hours of June 29, 2019.

The testimony revealed that the accused, a family man, made contact with the victim's then husband, Dominique Pelicot, in an internet forum titled “without her knowledge”, where Pelicot was seeking men to enter his residence to rape 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 rights of women – that permission is individual, not given by another,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is obtained personally 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 20 years in prison last year for sedating his spouse and soliciting multiple perpetrators to sexually assault her in her home in the town of Mazan over a period of nearly ten years of their marriage.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and Dogan was the single defendant to challenge his conviction. He was originally given a sentence to nine years in prison, a sentence raised on Thursday to a decade.

The state's attorney, Dominique Sie, had contended he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

The defendant had first sent the husband inappropriate pictures and then traveled an hour from his town in Provence to rape Gisèle Pelicot, after informing his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from solitary confinement in prison to briefly testify at the retrial, informed the court that Dogan had been aware his wife had been “drugged” and he told to men by phone: “I seek someone to violate my wife after I’ve sedated her without her consent.”

The proceedings became a focus point for a broader debate on sexual violence norms in society as the defendant continued to assert he was blameless and had not engaged in violation, stating that because Gisèle Pelicot’s husband had welcomed him into the residence, his behavior had been justifiable.

The jury in the Nîmes appeals court was presented with video evidence of the victim's unconscious figure, sedated and breathing heavily in a comatose state, while a smiling the perpetrator engaged in violation multiple times over a timeframe of what authorities reported was several hours. The presiding judge said she had been at peril of fatal outcome by choking. The prosecution said there was no doubt that she had been unaware and had not given permission.

Accused's Testimony

Dogan stated to the court the footage were simply “sexual encounters” and rejected it was assault. He said what he did was “a consensual activity”, 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 OK. He said he was manipulated by Dominique Pelicot. “I tried to halt,” the accused stated to the court. “I continued because he persuaded me.”

Asked if he wanted to make a last words to the court, Dogan said: “I did not intend to hurt that lady.”

Pelicot's Words

The survivor, who was applauded upon departing the trial each day by supporters present to support her, told the defendant in court: “You fail to comprehend. When are you going to recognise you violated me? It’s a crime to rape an unaware woman. When did I ever give you permission? At no time.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “Guilt has not shifted. The public is maybe in the midst of that, maybe motivated by the public consciousness resulting from the publication of your case.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change rape culture to a ethos of permission.”

The prosecutor addressed Dogan: “As long as you deny it, it’s not just a woman, it’s an entire disturbing societal structure that you are endorsing.”

Personal History

The accused was originated from Turkey and at the age of 5 moved to the nation of France, where his parent worked as a caretaker. The evidence indicated that his father was violent and that Dogan began consuming marijuana at the age of 10. When he was seventeen he was stopped by police for dealing drugs and his father forced him to leave the family house. He spent time in prison for drug dealing in his twenties and had worked as a builder but had undergone periods of living on the streets.

He was married and had a son with a genetic condition, who he was the primary guardian for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had frequent extramarital activities beyond their union. His defence said this was his strategy for managing with his stressful life. The defendant had told a evaluator that each year he looked for paid sex on his special day. His legal representatives told the court he had joint inflammation resulting from the stress of the first trial.