🔗 Share this article

An individual has been found guilty on retrial of raping Gisèle Pelicot following she was rendered comatose by her husband – and was given his jail term increased to ten years.

Retrial Proceedings

Dogan, 44, an unemployed builder, who had challenged his first conviction last year, underwent a new trial this week at the Nîmes court of appeal.

A jury of five men and four women, accompanied by three judges, found Dogan guilty on Thursday of raping the victim in her home in Provence in the early hours of June 29, 2019.

The testimony revealed that Dogan, a married father, reached out to the victim's then husband, Dominique Pelicot, in an online chatroom called “unbeknownst to her”, where the husband was looking for men to enter his residence to rape his wife after he had drugged her into a unconscious state.

“We hope the court will affirm that in this society, fundamental rights are also women’s rights – that agreement is personal, not given by another,” declared Gisèle Pelicot’s lawyer, her legal representative. “Permission is received directly and not through someone else from a spouse.”

Background

The ex-husband, among the most severe sexual predators in modern French history, was sentenced to two decades in prison last year for incapacitating his wife at the time and soliciting multiple perpetrators to sexually assault her in her home in the community of Mazan over a duration of many years of their marriage.

Numerous other individuals were found culpable in a notable trial last year, and the appellant was the single defendant to contest his verdict. He was originally given a sentence to nine years in prison, a penalty enhanced on Thursday to 10 years.

The chief prosecutor, the prosecutor, had argued he should serve twelve years, because he “completely denies to take any accountability”.

Testimony and Proof

Dogan had first sent the husband graphic images and then driven an hour from his town in the region to rape the victim, after telling his wife he was stepping out, the testimony revealed.

The ex-husband, who was brought from solitary confinement in prison to temporarily give evidence at the retrial, told the court that Dogan had known his wife had been “sedated” and he said to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious without her consent.”

The trial became a central issue for a wider discussion on rape culture in society as the defendant continued to assert he was innocent and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had invited him into the room, his actions had been justifiable.

The panel in the Nîmes appeals court was displayed visual proof of the victim's limp body, sedated and snoring in a deep sleep, while a smiling the perpetrator engaged in violation on several occasions over a duration of what police said was several hours. The presiding judge said she had been at danger of fatal outcome by choking. The prosecution said there was absolute certainty that she had been unconscious and had not consented.

Accused's Testimony

Dogan informed the court the videos were simply “intimate moments” and disputed it was violation. He said what he did was “a sexual act”, not assault. He declared the court: “I never raped.” He said the victim's husband had allowed him to the home, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan told the court. “I proceeded because he convinced me.”

Asked if he wanted to make a last words to the court, Dogan said: “I never wanted to hurt that lady.”

Victim's Response

Gisèle Pelicot, who was cheered upon leaving court each day by crowds gathered to stand with her, addressed the defendant in court: “You fail to comprehend. When will you admit you raped me? It is illegal to assault an incapacitated woman. At what point did I give you agreement? At no time.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she waived her right to confidentiality 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 accountability showed that: “Shame has not yet changed sides. The community is perhaps in the process of that, possibly propelled by the public consciousness brought by the revelation of your situation.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still common in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change the culture of violence to a culture of consent.”

The prosecutor said to Dogan: “For as much as you deny it, it’s not just a woman, it’s an whole unpleasant social system that you are endorsing.”

Biographical Details

Dogan was originated from Turkey and at the age of 5 moved to the nation of France, where his parent worked as a building manager. The evidence indicated that his parent was violent and that Dogan began using drugs aged ten. When he was 17 he was apprehended by authorities for drug trafficking and his father evicted him the family house. He served time in prison for drug dealing in his twenties and had worked as a construction worker but had experienced periods of being unhoused.

He was wed and had a child with Down’s syndrome, who he was the principal carer for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had repeated sexual encounters outside their union. His legal team said this was his strategy for managing with his stressful life. The defendant had stated to a mental health expert that once a year he looked for paid sex on his special day. His attorneys told the court he had arthritis caused by the stress of the original case.