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An individual was declared guilty on appeal of raping Gisele Pelicot after she was rendered comatose by her then-husband – and has had his incarceration period extended to 10 years.

Higher Court Case

Dogan, forty-four, an unemployed builder, who had contested his initial guilty verdict last year, faced a new trial this week at the appeals court in Nîmes.

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

The evidence showed that Dogan, a married father, made contact with Gisèle Pelicot’s then husband, the husband, in an online chatroom titled “without her consent”, where Pelicot was looking for men to visit his house to rape his wife after he had sedated her into a deep sleep.

“We hope the jury will declare that in this nation, fundamental rights are also rights of women – that permission is personal, not given by another,” declared Gisèle Pelicot’s lawyer, her legal representative. “Permission is received personally and not via a representative from a spouse.”

Background

The ex-husband, a notorious sex offenders in recent French history, was handed a sentence to two decades in prison last year for incapacitating his spouse and soliciting dozens of men to rape her in her home in the town of Mazan over a period of many years of their union.

Dozens of additional defendants were found guilty in a notable trial last year, and Dogan was the sole individual to contest his conviction. He was first given a sentence to nine years in prison, a punishment enhanced on Thursday to 10 years.

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

Courtroom Details

The defendant had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his village in Provence to rape the victim, after telling his wife he was going out, the court heard.

Pelicot, who was transported from isolation in prison to temporarily give evidence at the retrial, informed the court that the accused had been aware his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a focus point for a larger conversation on rape culture in society as Dogan continued to assert he was innocent and had not committed rape, arguing that because Gisèle Pelicot’s husband had invited him into the residence, his behavior had been justifiable.

The jury in the Nîmes appeals court was shown recorded footage of the victim's unconscious figure, comatose and breathing heavily in a comatose state, while a grinning Dogan performed assault multiple times over a duration of what investigators stated was three and a half hours. The court official said she had been at danger of fatal outcome by choking. The state prosecution said there was no doubt that she had been unconscious and had not given permission.

Defendant's Statements

Dogan told the court the footage were simply “sex scenes” and rejected it was rape. He said what he did was “a sexual act”, not assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I carried on because he persuaded me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I never wanted to injure that individual.”

Victim's Response

The victim, who was cheered upon leaving court each day by crowds gathered to support her, said to Dogan in court: “You haven’t understood. When will you acknowledge you violated me? It’s a crime to rape an unaware woman. At what point did I give you consent? At no time.”

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

Legal Commentary

Sie, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take blame showed that: “Shame has not yet changed sides. The public is maybe in the midst of that, perhaps propelled by the public consciousness spurred by the revelation of your case.”

Sie said Dogan’s claims of blamelessness showed how normalized violence was still prevalent in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change rape culture to a society based on agreement.”

The prosecutor said to Dogan: “As long as you refuse to admit it, it’s not just a person, it’s an entire unpleasant social system that you are upholding.”

Biographical Details

The accused 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 concierge. The testimony revealed that his father was violent and that the defendant began smoking cannabis aged 10. When he was 17 he was caught by authorities for dealing drugs and his parent kicked him out the residence. He served time in prison for trafficking in his young adulthood and had worked as a laborer but had experienced periods of being unhoused.

He was married and had a son with special needs, who he was the primary guardian for, as his wife worked in a educational cafeteria. The testimony revealed his wife did not know he had repeated extramarital activities outside their marriage. His defence said this was his strategy for managing with his stressful life. Dogan had stated to a evaluator that each year he sought paid sex on his special day. His legal representatives stated to the court he had arthritis resulting from the stress of the initial proceedings.