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A man has been found guilty on appeal of raping Gisèle Pelicot after she was rendered comatose by her husband – and was given his incarceration period raised to 10 years.

Higher Court Case

The defendant, 44, an unemployed builder, who had contested his first conviction last year, underwent a new trial this week at the appeals court in Nîmes.

A jury of four women and five men, sitting with three judges, found Dogan guilty on Thursday of raping the victim in her home in the south of France in the morning of 29 June 2019.

The testimony revealed that Dogan, a married father, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum 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 comatose state.

“We hope the jury will affirm that in this nation, fundamental rights are also women’s rights – that consent is individual, not delegated,” said Gisèle Pelicot’s attorney, Antoine Camus. “Permission is received personally and not via a representative from a husband.”

Background

Dominique Pelicot, a notorious sexual predators in modern French history, was given a prison term to two decades in prison last year for drugging his then wife and bringing in dozens of men to rape her in her home in the town of Mazan over a period of nearly ten years of their marriage.

Numerous other individuals were found culpable in a widely publicized trial last year, and Dogan was the only man to contest his conviction. He was first given a sentence to nine years in prison, a sentence enhanced on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had contended he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Courtroom Details

The defendant had first sent the husband graphic images and then traveled an hour from his residence in the region to rape the victim, after notifying his wife he was stepping out, the court heard.

The ex-husband, who was brought from solitary confinement in prison to temporarily give evidence at the retrial, informed the court that the accused had been aware his wife had been “incapacitated” and he said to men by phone: “I want someone to assault my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a key topic for a broader debate on rape culture in society as the defendant continued to claim he was innocent 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 panel in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s unconscious figure, sedated and snoring in a deep sleep, while a grinning Dogan committed rape multiple times over a duration of what authorities reported was several hours. The court official said she had been at risk of fatal outcome by choking. The prosecution said there was no doubt that she had been incapacitated and had not given permission.

Accused's Testimony

The defendant informed the court the recordings were simply “sexual encounters” and rejected it was rape. 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 acceptable. He said he was deceived by Dominique Pelicot. “I tried to halt,” 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 harm that individual.”

Survivor's Statement

Gisèle Pelicot, who was supported upon leaving court each day by supporters present to stand with her, told the defendant in court: “You fail to comprehend. When will you acknowledge you raped me? It’s a crime to rape an unconscious woman. When did I ever give you permission? Not once.”

Gisèle Pelicot, seventy-two, became an global icon after she relinquished her right to confidentiality in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take blame showed that: “Shame has not yet changed sides. The community is perhaps in the midst of that, maybe motivated by the collective awareness spurred by the publication of your ordeal.”

Sie said Dogan’s claims of innocence showed how normalized violence was still common in society as part of “old-fashioned” forms of “male domination”. He said: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor said to the defendant: “For as much as you deny it, it’s not just a person, it’s an entire unpleasant social system that you are endorsing.”

Personal History

Dogan was originated from Turkey and at the age of five came to the nation of France, where his parent worked as a caretaker. The court heard that his parent was abusive and that Dogan began using drugs at the age of 10. When he was seventeen he was stopped by authorities for selling narcotics and his parent kicked him out of home. He spent time in prison for trafficking in his early 20s and had worked as a laborer but had faced 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 institution's dining hall. The evidence showed his spouse did not know he had frequent extramarital activities beyond their union. His legal team said this was his strategy for managing with his challenging existence. Dogan had stated to a court psychologist that each year he engaged in commercial sex on his birthday. His legal representatives informed the court he had joint inflammation triggered by the anxiety of the original case.