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A man was declared guilty on retrial of raping Gisele Pelicot after she was rendered comatose by her husband – and received his jail term increased to a decade.

Appeal Trial

Dogan, forty-four, an out-of-work construction worker, who had contested his first conviction last year, faced a appeal hearing this week at the Nîmes court of appeal.

A jury of nine jurors, sitting with three judges, convicted Dogan on Thursday of sexually assaulting the victim in her residence in southern France in the morning of June 29, 2019.

The evidence showed that the accused, a family man, connected with the victim's then husband, Dominique Pelicot, in an internet forum named “unbeknownst to her”, where Pelicot was seeking men to enter his residence to assault his wife once he had drugged her into a deep sleep.

We expect the panel will say loud and clear that in this nation, human rights are also rights of women – that permission is personal, not transferred,” said Gisèle Pelicot’s lawyer, her legal representative. “Agreement is received personally and not through someone else from a spouse.”

Background

The ex-husband, a notorious sexual predators in modern French history, was sentenced to twenty years in prison last year for sedating his spouse and bringing in dozens of men to rape her in her home in the community of the village of Mazan over a duration of nearly ten years of their union.

Numerous other individuals were found culpable in a high-profile trial last year, and the appellant was the only man to contest his conviction. He was first sentenced to nine years in prison, a penalty enhanced on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had stated he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Evidence Presented

The defendant had initially sent the husband inappropriate pictures and then traveled an hour from his town in the region to assault the victim, after telling his wife he was going out, the evidence indicated.

Pelicot, who was transported from solitary confinement in prison to temporarily provide testimony at the appeal trial, stated to the court that the accused had understood his wife had been “sedated” and he communicated to men by phone: “I want 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 sexual violence norms in society as the defendant continued to claim he was not guilty and had not perpetrated assault, arguing that because the victim's husband had invited him into the room, his actions had been justifiable.

The jury in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s limp body, comatose and snoring in a unconscious condition, while a smiling Dogan committed rape repeatedly over a period of what police said was 3.5 hours. The presiding judge said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was absolute certainty that she had been incapacitated and had not agreed.

Accused's Testimony

The defendant informed the court the videos were simply “sexual encounters” and disputed it was violation. He said what he did was “an intimate behavior”, not rape. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was permissible. He said he was manipulated by the husband. “I tried to halt,” Dogan informed the court. “I proceeded because he persuaded me.”

Asked if he wanted to make a last words to the court, the defendant said: “I never wanted to harm that woman.”

Victim's Response

The survivor, who was applauded upon leaving court each day by onlookers gathered to back her, addressed the defendant in court: “You fail to comprehend. When are you going to recognise you violated me? It is illegal to assault an unconscious woman. When did I ever give you permission? Never.”

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

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's failure to take accountability showed that: “Shame has not yet changed sides. The public is perhaps in the process of that, maybe driven by the public consciousness brought by the exposure of your case.”

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

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

Defendant's Background

The accused was originated from the country of Turkey and at the age of 5 moved to the nation of France, where his parent worked as a concierge. The court heard that his parent was violent and that Dogan began using drugs at the age of ten. When Dogan was seventeen he was stopped by police for drug trafficking and his parent kicked him out the residence. He was incarcerated in prison for drug dealing in his twenties and had worked as a builder but had undergone periods of being unhoused.

He was married and had a child with a genetic condition, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The evidence showed his spouse did not know he had repeated intimate relations outside their union. His defence said this was his way of coping with his stressful life. Dogan had told a mental health expert that annually he looked for transactional encounters on his birthday. His lawyers stated to the court he had joint inflammation resulting from the stress of the initial proceedings.