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A man was convicted on higher court review of raping Gisele Pelicot following she was rendered comatose by her then-husband – and has had his jail term increased to a decade.

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, underwent a new trial this week at the higher court in Nîmes.

A panel of four women and five men, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her residence in the south of France in the early hours of June 29, 2019.

The testimony revealed that Dogan, a married father, connected with the victim's spouse, Dominique Pelicot, in an internet forum titled “unbeknownst to her”, where the husband was looking for men to come to his home to rape his wife after he had sedated her into a unconscious state.

We expect the panel will say loud and clear that in this country, fundamental rights are also women’s rights – that consent is individual, not transferred,” stated Gisèle Pelicot’s attorney, her legal representative. “Consent is secured directly and not by proxy from a spouse.”

Context

Dominique Pelicot, one of the worst sexual predators in recent French history, was given a prison term to 20 years in prison last year for incapacitating his spouse and bringing in dozens of men to rape her in her home in the Provence village of Mazan over a duration of many years of their marriage.

Dozens of additional defendants were found guilty in a notable trial last year, and the appellant was the sole individual to challenge his verdict. He was first given a sentence to 9 years in prison, a sentence raised on Thursday to a decade.

The state's attorney, Dominique Sie, had contended he should serve twelve years, because he “stubbornly rejects to take any blame”.

Evidence Presented

The defendant had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his village in the region to assault Gisèle Pelicot, after informing his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from isolation in prison to briefly testify at the hearing, informed the court that the accused had been aware his wife had been “drugged” and he told to men by phone: “I want someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a focus point for a wider discussion on sexual violence norms in society as the defendant continued to say he was blameless and had not perpetrated assault, stating that because the victim's husband had invited him into the room, his conduct had been permissible.

The jury in the Nîmes appeals court was displayed video evidence of Gisèle Pelicot’s unresponsive form, comatose and snoring in a unconscious condition, while a smiling Dogan committed rape multiple times over a timeframe of what investigators stated was several hours. The judge said she had been at peril of fatal outcome by choking. The prosecution said there was absolute certainty that she had been incapacitated and had not consented.

Accused's Testimony

The defendant told the court the footage were simply “sex scenes” and disputed it was rape. He said what he did was “an intimate behavior”, not rape. He declared the court: “I am innocent of assault.” He said the victim's husband had invited him to the residence, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I tried to halt,” the accused told the court. “I carried on because he reassured me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I did not intend to hurt that individual.”

Victim's Response

The victim, who was applauded upon leaving court each day by crowds assembled to stand with her, told Dogan in court: “You fail to comprehend. When will you admit you violated me? It is unlawful to rape an unaware woman. At what point did I give you permission? Never.”

Gisèle Pelicot, 72, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, speaking to the victim in court, said the defendant's refusal to take accountability showed that: “Shame has not yet changed sides. The public is maybe in the midst of that, maybe driven by the collective awareness spurred by the publication of your situation.”

The prosecutor 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: “Now we must change rape culture to a culture of consent.”

Sie addressed the defendant: “While you reject it, it’s not just a person, it’s an complete unpleasant societal structure that you are supporting.”

Personal History

The accused was originated from Turkey and at the age of five came to France, where his parent worked as a building manager. The testimony revealed that his parent was abusive and that Dogan began using drugs aged ten. When Dogan was seventeen he was caught by police for selling narcotics and his father kicked him out the family house. He served time in prison for trafficking in his young adulthood and had worked as a construction worker but had undergone periods of living on the streets.

He was wed and had a child with a genetic condition, who he was the principal carer for, as his spouse worked in a school canteen. The court heard his spouse did not know he had regular extramarital activities outside their marriage. His defence said this was his strategy for managing with his difficult circumstances. The defendant had stated to a mental health expert that annually he looked for commercial sex on his birthday. His lawyers informed the court he had joint inflammation caused by the anxiety of the original case.