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A defendant has been found guilty on retrial of raping Gisele Pelicot following she was rendered comatose by her husband – and has had his prison sentence extended to ten years.

Retrial Proceedings

Dogan, forty-four, an unemployed builder, who had challenged his initial guilty verdict last year, faced a retrial this week at the Nîmes court of appeal.

A panel of five men and four women, accompanied by three judges, ruled against Dogan on Thursday of raping the victim in her bedroom in southern France in the morning of June 29, 2019.

The court heard that Dogan, a married father, reached out to the victim's then husband, the husband, in an digital platform titled “without her consent”, where Pelicot was recruiting men to visit his house to assault his wife once he had drugged her into a unconscious state.

We trust the panel will declare that in this nation, human rights are also rights of women – that agreement is personal, not delegated,” declared Gisèle Pelicot’s attorney, her legal representative. “Permission is obtained directly and not via a representative from a husband.”

Case History

The ex-husband, a notorious sexual predators in France's contemporary records, was sentenced to 20 years in prison last year for drugging his then wife and inviting dozens of men to rape her in her home in the town of Mazan over a duration of many years of their marriage.

Dozens of additional defendants were found culpable in a high-profile trial last year, and Dogan was the sole individual to contest his sentence. He was initially given a sentence to 9 years in prison, a sentence enhanced on Thursday to a decade.

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

Evidence Presented

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

The ex-husband, who was transported from solitary confinement in prison to briefly provide testimony at the retrial, told the court that the accused had known his wife had been “incapacitated” and he told to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a key topic for a wider discussion on rape culture in society as Dogan continued to claim he was innocent and had not engaged in violation, contending that because Gisèle Pelicot’s husband had welcomed him into the room, his behavior had been acceptable.

The panel in the higher court was presented with visual proof of Gisèle Pelicot’s limp body, sedated and breathing heavily in a deep sleep, while a smiling Dogan performed assault on several occasions over a timeframe of what authorities reported was three and a half hours. The judge said she had been at peril of fatal outcome by choking. The state's case said there was no doubt that she had been unconscious and had not consented.

Accused's Testimony

The defendant stated to the court the videos were simply “sexual encounters” and denied it was assault. He said what he did was “a consensual activity”, not assault. He stated the court: “I did not commit rape.” He said the victim's husband had allowed him to the residence, and therefore it was OK. He said he was manipulated by the husband. “I attempted to cease,” Dogan stated to the court. “I continued because he reassured me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I had no desire to injure that individual.”

Victim's Response

Gisèle Pelicot, who was supported upon exiting the courtroom each day by supporters gathered to stand with her, told the defendant in court: “You fail to comprehend. When will you admit you assaulted me? It’s a crime to rape an unconscious woman. How could I have give you permission? Not once.”

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

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “Shame has not yet changed sides. Society is perhaps in the process of that, perhaps propelled by the public consciousness resulting from the exposure of your ordeal.”

Sie said Dogan’s claims of innocence showed how societal tolerance was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change rape culture to a ethos of permission.”

Sie addressed Dogan: “While you deny it, it’s not just a individual, it’s an whole disturbing cultural framework that you are endorsing.”

Defendant's Background

Dogan was originated from Turkey and at the age of five relocated to the nation of France, where his father worked as a concierge. The evidence indicated that his father was abusive and that the defendant began smoking cannabis aged ten. When Dogan was 17 he was stopped by police for dealing drugs and his parent evicted him the family house. He was incarcerated in prison for trafficking in his young adulthood and had worked as a laborer but had faced periods of being unhoused.

He was wed and had a son with special needs, who he was the principal carer for, as his spouse worked in a educational cafeteria. The evidence showed his spouse did not know he had repeated intimate relations beyond their marriage. His defence said this was his way of coping with his stressful life. Dogan had stated to a mental health expert that annually he looked for transactional encounters on his birthday. His legal representatives informed the court he had a medical condition caused by the stress of the initial proceedings.