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A man has been found guilty on appeal of raping Gisele Pelicot after she was rendered comatose by her then-husband – and has had his incarceration period increased to ten years.

Appeal Trial

The defendant, 44, an out-of-work construction worker, who had appealed his first conviction last year, underwent a appeal hearing this week at the higher court in Nîmes.

A jury of five men and four women, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her home in southern France in the morning of 29 June 2019.

The court heard that the accused, a married father, reached out to the victim's then husband, the husband, in an internet forum titled “unbeknownst to her”, where the husband was seeking men to enter his residence to assault his wife after he had drugged her into a deep sleep.

“We hope the court will say loud and clear that in this country, fundamental rights are also rights of women – that agreement is personal, not transferred,” stated the victim's attorney, her legal representative. “Consent is secured directly and not via a representative from a husband.”

Background

The ex-husband, a notorious sexual predators in modern French history, was given a prison term to two decades in prison last year for sedating his wife at the time and inviting multiple perpetrators to rape her in her home in the Provence village of Mazan over a span of nearly ten years of their marriage.

Fifty other men were found culpable in a high-profile trial last year, and the appellant was the only man to appeal against his verdict. He was originally sentenced to 9 years in prison, a punishment raised on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had contended he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Courtroom Details

Dogan had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in the region to rape the victim, after informing his wife he was leaving, the evidence indicated.

The ex-husband, who was brought from isolation in prison to temporarily testify at the appeal trial, stated to the court that Dogan had known his wife had been “sedated” and he communicated to men by phone: “I seek someone to assault my wife after I’ve sedated her without her knowledge.”

The courtroom became a key topic for a wider discussion on sexual violence norms in society as the defendant continued to say he was not guilty and had not perpetrated assault, arguing that because the victim's husband had allowed him into the bedroom, his conduct had been acceptable.

The panel in the higher court was shown video evidence of Gisèle Pelicot’s unresponsive form, sedated and snoring in a comatose state, while a grinning Dogan engaged in violation multiple times over a timeframe of what police said was several hours. The judge said she had been at risk of fatal outcome by asphyxiation. The prosecution said there was no question that she had been unaware and had not agreed.

Dogan's Claims

Dogan informed the court the videos were simply “intimate moments” and denied it was violation. He said what he did was “a sexual act”, 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 OK. He said he was deceived by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I proceeded because he persuaded me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I had no desire to harm that individual.”

Survivor's Statement

Gisèle Pelicot, who was supported upon exiting the courtroom each day by supporters present to back her, addressed Dogan in court: “You fail to comprehend. When are you going to recognise you assaulted me? It is illegal to rape an incapacitated woman. How could I have give you consent? Not once.”

Gisèle Pelicot, 72, became an international feminist hero after she waived her right to anonymity in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, addressing the victim in court, said Dogan’s refusal to take responsibility showed that: “Guilt has not shifted. The community is perhaps in the process of that, maybe driven by the public consciousness brought by the revelation of your situation.”

Sie said the defendant's claims of blamelessness showed how societal tolerance was still widespread in society as part of “archaic” forms of “male domination”. He said: “We need to change rape culture to a ethos of permission.”

Sie told the defendant: “For as much as you refuse to admit it, it’s not just a individual, it’s an complete unpleasant cultural framework that you are endorsing.”

Biographical Details

The accused was originated from the country of Turkey and at the age of five relocated to the nation of France, where his father worked as a concierge. The evidence indicated that his parent was aggressive and that the defendant began consuming marijuana aged ten. When he was seventeen he was stopped by authorities for selling narcotics and his father evicted him the family house. He served time in prison for trafficking in his young adulthood and had worked as a builder but had faced periods of living on the streets.

He was wed and had a child with special needs, who he was the principal carer for, as his spouse worked in a educational cafeteria. The testimony revealed his spouse did not know he had repeated sexual encounters beyond their marriage. His legal team said this was his strategy for managing with his challenging existence. Dogan had told a court psychologist that once a year he looked for paid sex on his birthday. His legal representatives informed the court he had arthritis resulting from the anxiety of the original case.