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A man was convicted on retrial of raping Gisèle Pelicot after she was rendered comatose by her husband – and has had his jail term extended to a decade.

Higher Court Case

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

A panel of nine jurors, accompanied by three judges, convicted Dogan on Thursday of raping the victim in her residence in the south of France in the early hours of June 29, 2019.

The court heard that Dogan, a family man, reached out to Gisèle Pelicot’s husband at the time, the husband, in an digital platform named “unbeknownst to her”, where the husband was seeking men to visit his house to rape his wife after he had rendered her unconscious into a comatose state.

“We hope the jury will declare that in this country, fundamental rights are also women’s rights – that permission is individual, not transferred,” declared Gisèle Pelicot’s lawyer, her legal representative. “Agreement is obtained directly and not via a representative from a spouse.”

Case History

The husband, one of the worst sexual predators in recent French history, was sentenced to twenty years in prison last year for incapacitating his then wife and inviting numerous individuals to rape her in her home in the town of the village of Mazan over a duration of many years of their union.

Fifty other men were found guilty in a widely publicized trial last year, and the appellant was the only man to contest his sentence. He was first given a sentence to 9 years in prison, a penalty raised on Thursday to ten years.

The state's attorney, Dominique Sie, had argued he should serve 12 years, because he “completely denies to take any accountability”.

Courtroom Details

The defendant had first sent the husband sexually explicit photos and then traveled an hour from his town in the region to assault the victim, after informing his wife he was going out, the court heard.

The ex-husband, who was transported from isolation in prison to temporarily give evidence at the retrial, informed the court that the accused had known his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a key topic for a broader debate on societal attitudes in society as Dogan continued to claim he was blameless and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had allowed him into the room, his conduct had been justifiable.

The panel in the higher court was displayed recorded footage of the victim's limp body, comatose and snoring in a unconscious condition, while a smiling Dogan engaged in violation repeatedly over a timeframe of what police said was several hours. The court official said she had been at danger of death by choking. The state's case said there was absolute certainty that she had been incapacitated and had not agreed.

Accused's Testimony

Dogan told the court the videos were simply “sexual encounters” and rejected it was assault. He said what he did was “a consensual activity”, not rape. He told the court: “I never raped.” He said the victim's husband had allowed him to the residence, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I wanted to stop,” Dogan stated to the court. “I proceeded because he reassured me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I never wanted to injure that woman.”

Pelicot's Words

The survivor, who was applauded upon departing the trial each day by supporters assembled to back her, said to the defendant in court: “You do not grasp. When will you admit you assaulted me? It is unlawful to rape an incapacitated woman. How could I have give you permission? Not once.”

Gisèle Pelicot, 72, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said the defendant's unwillingness to take blame showed that: “Shame has not yet changed sides. Society is possibly in the process of that, perhaps propelled by the collective awareness spurred by the exposure of your ordeal.”

The prosecutor said the defendant's claims of non-guilt showed how rape culture was still widespread in society as part of “old-fashioned” forms of “gender-based power”. He said: “We need to change the culture of violence to a culture of consent.”

Sie addressed Dogan: “For as much as you refuse to admit it, it’s not just a woman, it’s an entire unpleasant societal structure that you are supporting.”

Biographical Details

The accused was originated from Turkey and at the age of five moved to the nation of France, where his parent worked as a building manager. The court heard that his father was violent and that the defendant began using drugs at the age of 10. When he was seventeen he was apprehended by authorities for dealing drugs and his father evicted him of home. He was incarcerated in prison for trafficking in his twenties and had worked as a builder but had faced periods of homelessness.

He was married and had a child with a genetic condition, who he was the main caregiver for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had regular sexual encounters beyond their union. His defence said this was his method of dealing with his difficult circumstances. Dogan had told a evaluator that once a year he engaged in commercial sex on his special day. His legal representatives stated to the court he had a medical condition resulting from the anxiety of the first trial.