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A man was declared guilty on appeal of raping Gisèle Pelicot following she was rendered comatose by her husband – and has had his incarceration period raised to ten years.

Retrial Proceedings

Dogan, forty-four, an unemployed builder, who had appealed his initial guilty verdict last year, experienced a new trial this week at the Nîmes court of appeal.

A jury of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of raping the victim in her home in Provence in the early hours of June 29, 2019.

The evidence showed that Dogan, a family man, made contact with the victim's spouse, the husband, in an online chatroom named “without her consent”, where Pelicot was seeking men to enter his residence to rape his wife once he had drugged her into a deep sleep.

We trust the court will declare that in this society, human rights are also rights of women – that permission is personal, not delegated,” declared the victim's attorney, Antoine Camus. “Consent is obtained personally and not through someone else from a spouse.”

Context

The ex-husband, one of the worst sexual predators in modern French history, was given a prison term to 20 years in prison last year for sedating his spouse and bringing in dozens of men to sexually assault her in her home in the town of Mazan over a duration of many years of their union.

Dozens of additional defendants were found culpable in a notable trial last year, and the appellant was the only man to challenge his conviction. He was first sentenced to nine years in prison, a penalty raised on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had argued he should serve twelve years, because he “absolutely refuses to take any accountability”.

Evidence Presented

Dogan had initially sent the husband sexually explicit photos and then driven an hour from his residence in the region to assault Gisèle Pelicot, after telling his wife he was stepping out, the evidence indicated.

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

The proceedings became a focus point for a broader debate on societal attitudes in society as Dogan continued to claim he was innocent and had not engaged in violation, contending that because the victim's husband had welcomed him into the room, his conduct had been acceptable.

The panel in the higher court was shown video evidence of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a unconscious condition, while a grinning Dogan committed rape multiple times over a duration of what investigators stated was three and a half hours. The judge said she had been at peril of fatal outcome by suffocation. The state's case said there was no doubt that she had been incapacitated and had not agreed.

Defendant's Statements

The defendant told the court the recordings were simply “intimate moments” and disputed it was rape. He said what he did was “a consensual activity”, not rape. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan informed the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I did not intend to hurt that woman.”

Victim's Response

The survivor, who was applauded upon exiting the courtroom each day by onlookers present to back her, told Dogan in court: “You haven’t understood. When will you admit you raped me? It is unlawful to assault an incapacitated woman. How could I have give you agreement? Not once.”

The victim, seventy-two, became an global icon after she relinquished her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, speaking to the victim in court, said Dogan’s unwillingness to take responsibility showed that: “Shame has not yet changed sides. The public is maybe in the course of that, perhaps driven by the public consciousness resulting from the revelation of your ordeal.”

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 “male domination”. He said: “We need to change the culture of violence to a culture of consent.”

Sie told Dogan: “For as much as you refuse to admit it, it’s not just a individual, it’s an whole disturbing social system that you are upholding.”

Biographical Details

The accused was originated from Turkey and at the age of five came to the nation of France, where his parent worked as a caretaker. The evidence indicated that his father was aggressive and that the defendant began smoking cannabis aged 10. When he was 17 he was stopped by authorities for selling narcotics and his parent kicked him out the residence. He served time in prison for drug dealing in his young adulthood and had worked as a construction worker but had undergone 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 educational cafeteria. The testimony revealed his spouse did not know he had frequent intimate relations beyond their marriage. His defence said this was his strategy for managing with his stressful life. The defendant had informed a mental health expert that once a year he engaged in paid sex on his birthday. His lawyers told the court he had a medical condition caused by the anxiety of the initial proceedings.