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A man was declared guilty on retrial of raping Gisele Pelicot following she was rendered comatose by her then-husband – and was given his prison sentence increased to a decade.

Retrial Proceedings

The defendant, 44, an unemployed builder, who had appealed his initial guilty verdict last year, experienced a retrial this week at the higher court in Nîmes.

A panel of four women and five men, joined by three judges, found Dogan guilty on Thursday of raping Pelicot in her home in Provence in the early hours of June 29, 2019.

The evidence showed that Dogan, a married father, connected with Gisèle Pelicot’s husband at the time, the husband, in an online chatroom named “without her consent”, where Pelicot was looking for men to visit his house to assault his wife once he had sedated her into a deep sleep.

“We hope the jury will declare that in this country, fundamental rights are also women’s rights – that permission is personal, not given by another,” stated Gisèle Pelicot’s attorney, her legal representative. “Consent is received directly and not by proxy from a spouse.”

Case History

The husband, one of the worst sex offenders in modern French history, was sentenced to 20 years in prison last year for sedating his wife at the time and bringing in numerous individuals to sexually assault her in her home in the community of the village of Mazan over a span of nearly ten years of their union.

Dozens of additional defendants were found convicted in a notable trial last year, and Dogan was the only man to appeal against his sentence. He was originally handed a term to 9 years in prison, a punishment raised on Thursday to 10 years.

The state's attorney, Dominique Sie, had argued he should serve twelve years, because he “completely denies to take any accountability”.

Testimony and Proof

The defendant had initially sent the husband inappropriate pictures and then driven an hour from his residence in Provence to assault the victim, after notifying his wife he was stepping out, the testimony revealed.

Pelicot, who was transported from solitary confinement in prison to temporarily testify at the hearing, stated to the court that Dogan had understood his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a focus point for a broader debate on societal attitudes in society as Dogan continued to assert he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had invited him into the residence, his behavior had been justifiable.

The panel in the higher court was displayed visual proof of the victim's limp body, comatose and breathing heavily in a comatose state, while a grinning Dogan performed assault on several occasions over a timeframe of what investigators stated was 3.5 hours. The judge said she had been at peril of fatal outcome by asphyxiation. The state prosecution said there was no question that she had been unconscious and had not agreed.

Defendant's Statements

The defendant informed the court the recordings were simply “sex scenes” and denied it was assault. He said what he did was “an intimate behavior”, not rape. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I proceeded because he persuaded me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I had no desire to harm that individual.”

Survivor's Statement

The survivor, who was applauded upon exiting the courtroom each day by crowds present to back her, addressed Dogan in court: “You do not grasp. When are you going to recognise you raped me? It is unlawful to rape an unaware woman. When did I ever give you permission? Never.”

Gisèle Pelicot, 72, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, turning to Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “Shame has not yet changed sides. The community is perhaps in the course of that, maybe propelled by the collective awareness brought by the publication of your case.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still widespread in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

Sie told the defendant: “While you deny it, it’s not just a person, it’s an whole sordid social system that you are endorsing.”

Personal History

The accused was originated from Turkey and at the age of 5 came to the nation of France, where his parent worked as a concierge. The testimony revealed that his father was aggressive and that the defendant began using drugs at the age of ten. When Dogan was seventeen he was caught by police for drug trafficking and his parent forced him to leave the family house. He was incarcerated in prison for drug dealing in his early 20s and had worked as a builder but had experienced periods of living on the streets.

He was married and had a child with Down’s syndrome, who he was the principal carer for, as his wife worked in a institution's dining hall. The court heard his spouse did not know he had repeated intimate relations beyond their marriage. His legal team said this was his method of dealing with his difficult circumstances. Dogan had stated to a evaluator that each year he looked for transactional encounters on his special day. His attorneys told the court he had arthritis triggered by the stress of the original case.