🔗 Share this article

An individual was convicted on appeal of raping Gisele Pelicot after she was rendered comatose by her husband – and has had his prison sentence raised to a decade.

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, underwent a retrial this week at the appeals court in Nîmes.

A jury of nine jurors, joined by three judges, found Dogan guilty on Thursday of raping the victim in her residence in Provence in the early hours of 29 June 2019.

The court heard that the accused, a married father, connected with Gisèle Pelicot’s husband at the time, the husband, in an internet forum named “without her knowledge”, where Pelicot was seeking men to visit his house to assault his wife once he had sedated her into a comatose state.

We trust the jury will declare that in this country, human rights are also rights of women – that permission is individual, not given by another,” said Gisèle Pelicot’s attorney, her legal representative. “Agreement is obtained directly and not via a representative from a husband.”

Background

The ex-husband, among the most severe sexual predators in France's contemporary records, was given a prison term to 20 years in prison last year for incapacitating his then wife and inviting multiple perpetrators to rape her in her home in the community of Mazan over a span of many years of their union.

Numerous other individuals were found culpable in a notable trial last year, and Dogan was the sole individual to contest his conviction. He was originally given a sentence to nine years in prison, a punishment enhanced on Thursday to 10 years.

The chief prosecutor, the prosecutor, had argued he should serve 12 years, because he “completely denies to take any responsibility”.

Evidence Presented

Dogan had initially sent the husband graphic images and then driven an hour from his town in Provence to rape Gisèle Pelicot, after notifying his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from solitary confinement in prison to briefly provide testimony at the appeal trial, informed the court that the accused had understood his wife had been “drugged” and he said to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a central issue for a larger conversation on sexual violence norms in society as the defendant continued to claim he was innocent and had not committed rape, stating that because the victim's husband had allowed him into the residence, his actions had been acceptable.

The panel in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a comatose state, while a smiling the perpetrator committed rape on several occasions over a period of what authorities reported was three and a half hours. The presiding judge said she had been at danger of death by choking. The state prosecution said there was absolute certainty that she had been incapacitated and had not agreed.

Accused's Testimony

Dogan informed the court the footage were simply “sexual encounters” and denied it was violation. He said what he did was “an intimate behavior”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I tried to halt,” the accused told the court. “I proceeded because he persuaded me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to injure that woman.”

Pelicot's Words

Gisèle Pelicot, who was supported upon exiting the courtroom each day by supporters gathered to back her, told the defendant in court: “You haven’t understood. When will you acknowledge you raped me? It is unlawful to assault an incapacitated woman. How could I have give you consent? Never.”

Gisèle Pelicot, seventy-two, became an global icon after she waived her right to anonymity in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s unwillingness to take blame showed that: “Shame has not yet changed sides. The community is maybe in the midst of that, maybe driven by the societal understanding brought by the revelation of your case.”

The prosecutor said the defendant's claims of non-guilt showed how rape culture was still widespread in society as part of “archaic” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a society based on agreement.”

Sie addressed Dogan: “While you reject it, it’s not just a person, it’s an whole sordid cultural framework that you are upholding.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of 5 relocated to France, where his father worked as a caretaker. The testimony revealed that his parent was violent and that the defendant began using drugs at the age of 10. When Dogan was 17 he was stopped by police for selling narcotics and his parent evicted him the residence. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a builder but had experienced periods of homelessness.

He was wed and had a son with Down’s syndrome, who he was the principal carer for, as his wife worked in a institution's dining hall. The evidence showed his spouse did not know he had repeated intimate relations outside their marriage. His legal team said this was his method of dealing with his difficult circumstances. Dogan had stated to a court psychologist that each year he looked for commercial sex on his birthday. His lawyers informed the court he had joint inflammation resulting from the pressure of the initial proceedings.