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An individual was convicted on higher court review of raping Gisèle Pelicot after she was rendered comatose by her spouse – and was given his jail term extended to 10 years.

Retrial Proceedings

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

A jury of five men and four women, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her home in southern France in the early hours of 29 June 2019.

The testimony revealed that the accused, a married father, connected with the victim's husband at the time, the husband, in an online chatroom named “without her knowledge”, where the husband was recruiting men to come to his home to rape his wife after he had rendered her unconscious into a comatose state.

We trust the court will say loud and clear that in this country, fundamental rights are also rights of women – that permission is individual, not given by another,” stated the victim's attorney, her legal representative. “Consent is received directly and not by proxy from a spouse.”

Case History

The husband, a notorious sex offenders in recent French history, was given a prison term to two decades in prison last year for sedating his then wife and bringing in dozens of men to rape her in her home in the town of the village of Mazan over a period of nearly ten years of their marriage.

Fifty other men were found guilty in a notable trial last year, and the appellant was the sole individual to challenge his sentence. He was initially sentenced to 9 years in prison, a penalty enhanced on Thursday to 10 years.

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

Evidence Presented

The defendant had initially sent Dominique Pelicot graphic images and then driven an hour from his residence in the region to assault Gisèle Pelicot, after notifying his wife he was stepping out, the testimony revealed.

The ex-husband, who was brought from segregation in prison to briefly testify at the hearing, informed the court that Dogan had known his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a key topic for a broader debate on rape culture in society as Dogan continued to say he was innocent and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had allowed him into the bedroom, his actions had been justifiable.

The panel in the higher court was displayed visual proof of the victim's unconscious figure, sedated and breathing heavily in a unconscious condition, while a grinning the perpetrator engaged in violation multiple times over a duration of what police said was 3.5 hours. The judge said she had been at peril of death by choking. The state prosecution said there was no question that she had been unaware and had not given permission.

Dogan's Claims

Dogan informed the court the footage were simply “sex scenes” and rejected it was violation. He said what he did was “an intimate behavior”, not rape. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I attempted to cease,” the accused informed the court. “I proceeded because he convinced me.”

Asked if he wanted to make a last words to the court, Dogan said: “I had no desire to injure that woman.”

Pelicot's Words

The survivor, who was cheered upon departing the trial each day by supporters assembled to support her, addressed the defendant in court: “You do not grasp. When will you acknowledge you raped me? It is illegal to assault an incapacitated woman. How could I have give you permission? Never.”

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

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “Guilt has not shifted. Society is perhaps in the midst of that, possibly propelled by the collective awareness brought by the revelation of your situation.”

Sie said the defendant's claims of non-guilt showed how societal tolerance was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “Now we must change the culture of violence to a society based on agreement.”

Sie addressed Dogan: “As long as you refuse to admit it, it’s not just a individual, it’s an entire sordid cultural framework that you are supporting.”

Biographical Details

The accused was originated from the country of Turkey and at the age of five relocated to France, where his father worked as a concierge. The testimony revealed that his parent was aggressive and that Dogan began smoking cannabis aged 10. When Dogan was 17 he was caught by police for selling narcotics and his father evicted him of home. He was incarcerated in prison for trafficking in his early 20s and had worked as a laborer but had faced periods of homelessness.

He was married and had a child with Down’s syndrome, who he was the principal carer for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had frequent sexual encounters outside their marriage. His legal team said this was his method of dealing with his difficult circumstances. The defendant had stated to a evaluator that each year he sought commercial sex on his special day. His attorneys stated to the court he had joint inflammation caused by the pressure of the first trial.