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An individual was declared guilty on higher court review of raping Gisèle Pelicot following she was rendered comatose by her then-husband – and received his incarceration period raised to ten years.

Appeal Trial

The defendant, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, faced a new trial this week at the Nîmes court of appeal.

A panel of four women and five men, joined by three judges, found Dogan guilty on Thursday of raping Pelicot in her home in southern France in the morning of June 29, 2019.

The evidence showed that the accused, a family man, connected with the victim's spouse, Dominique Pelicot, in an online chatroom called “without her knowledge”, where the husband was looking for men to come to his home to rape his wife once he had rendered her unconscious into a unconscious state.

“We hope the court will declare that in this country, fundamental rights are also rights of women – that permission is individual, not given by another,” said the victim's lawyer, Antoine Camus. “Consent is received personally and not through someone else from a spouse.”

Background

The husband, a notorious sex offenders in recent French history, was handed a sentence to two decades in prison last year for drugging his then wife and inviting dozens of men to sexually assault her in her home in the town of the village of Mazan over a duration of nearly ten years of their marriage.

Dozens of additional defendants were found guilty in a high-profile trial last year, and the appellant was the sole individual to appeal against his sentence. He was first handed a term to 9 years in prison, a penalty enhanced on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had stated he should serve 12 years, because he “completely denies to take any blame”.

Courtroom Details

The defendant had first sent the husband sexually explicit photos and then traveled an hour from his village in Provence to rape the victim, after telling his wife he was leaving, the testimony revealed.

Pelicot, who was transported from isolation in prison to briefly provide testimony at the hearing, stated to the court that the accused had been aware his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a key topic for a wider discussion on rape culture in society as Dogan continued to say he was blameless and had not engaged in violation, stating that because the victim's husband had invited him into the residence, his conduct had been acceptable.

The jury in the higher court was displayed video evidence of the victim's unconscious figure, comatose and snoring in a unconscious condition, while a smiling Dogan engaged in violation multiple times over a period of what investigators stated was three and a half hours. The judge said she had been at danger of death by choking. The prosecution said there was no doubt that she had been unconscious and had not given permission.

Defendant's Statements

Dogan informed the court the videos were simply “intimate moments” and rejected it was violation. He said what he did was “a sexual act”, not rape. He told the court: “I never raped.” He said the victim's husband had invited him to the residence, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I wanted to stop,” the accused told the court. “I continued because he convinced me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I had no desire to harm that woman.”

Victim's Response

The victim, who was applauded upon leaving court each day by onlookers gathered to support her, told Dogan in court: “You haven’t understood. When will you acknowledge you raped me? It’s a crime to rape an unaware woman. How could I have give you permission? At no time.”

The victim, 72, became an global icon after she gave up her right to confidentiality in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, turning to the victim in court, said Dogan’s unwillingness to take accountability showed that: “Shame has not yet changed sides. The community is maybe in the midst of that, perhaps driven by the collective awareness spurred by the revelation of your situation.”

Sie said the defendant's claims of non-guilt showed how societal tolerance was still common in society as part of “outdated” forms of “gender-based power”. He said: “We need to change the culture of violence to a culture of consent.”

Sie addressed Dogan: “While you deny it, it’s not just a woman, it’s an whole unpleasant societal structure that you are endorsing.”

Personal History

Dogan was born in the country of Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a building manager. The testimony revealed that his father was aggressive and that the defendant began smoking cannabis aged ten. When he was 17 he was stopped by authorities for selling narcotics and his parent evicted him of home. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a laborer but had experienced periods of being unhoused.

He was wed and had a child with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The testimony revealed his wife did not know he had frequent extramarital activities beyond their marriage. His defence said this was his method of dealing with his difficult circumstances. Dogan had told a mental health expert that each year he looked for paid sex on his special day. His legal representatives informed the court he had joint inflammation caused by the anxiety of the first trial.