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A defendant was convicted on higher court review of sexually assaulting Gisele Pelicot following she was rendered comatose by her spouse – and was given his prison sentence increased to ten years.

Appeal Trial

Dogan, 44, an unemployed builder, who had contested his first conviction last year, faced a retrial this week at the appeals court in Nîmes.

A jury of nine jurors, sitting with three judges, found Dogan guilty on Thursday of raping the victim in her bedroom in southern France in the morning of June 29, 2019.

The testimony revealed that the accused, a married father, connected with the victim's husband at the time, the husband, in an online chatroom named “without her knowledge”, where Pelicot was seeking men to enter his residence to rape his wife once he had rendered her unconscious into a comatose state.

We trust the panel will affirm that in this society, fundamental rights are also rights of women – that consent is individual, not delegated,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Permission is received directly and not by proxy from a spouse.”

Context

Dominique Pelicot, a notorious sexual predators in recent French history, was sentenced to twenty years in prison last year for sedating his then wife and inviting numerous individuals to sexually assault her in her home in the town of the village of Mazan over a duration of many years of their marriage.

Numerous other individuals were found convicted in a widely publicized trial last year, and Dogan was the single defendant to challenge his verdict. He was initially handed a term to 9 years in prison, a punishment raised on Thursday to 10 years.

The state's attorney, Dominique Sie, had contended he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Evidence Presented

The defendant had first sent the husband sexually explicit photos and then driven an hour from his village in Provence to rape Gisèle Pelicot, after notifying his wife he was leaving, the court heard.

Pelicot, who was transported from segregation in prison to briefly provide testimony at the appeal trial, stated to the court that the accused had understood his wife had been “drugged” and he communicated to men by phone: “I seek someone to violate my wife after I’ve sedated her without her knowledge.”

The trial became a central issue for a broader debate on rape culture in society as Dogan continued to assert he was blameless and had not engaged in violation, contending that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his behavior had been justifiable.

The panel in the higher court was presented with recorded footage of Gisèle Pelicot’s limp body, sedated and breathing heavily in a comatose state, while a grinning Dogan committed rape on several occasions over a period of what police said was 3.5 hours. The judge said she had been at risk of death by choking. The state's case said there was no question that she had been unaware and had not agreed.

Defendant's Statements

The defendant told the court the footage were simply “sexual encounters” and denied it was assault. He said what he did was “a consensual activity”, not rape. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was permissible. He said he was deceived by the husband. “I wanted to stop,” Dogan told the court. “I continued because he persuaded me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I never wanted to injure that lady.”

Victim's Response

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by onlookers gathered to stand with her, said to Dogan in court: “You fail to comprehend. When are you going to recognise you raped me? It is unlawful to assault an incapacitated woman. At what point did I give you permission? Never.”

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

State's Argument

Sie, addressing the victim in court, said the defendant's refusal to take blame showed that: “The shame remains. The community is possibly in the course of that, perhaps driven by the societal understanding spurred by the exposure of your case.”

The prosecutor said the defendant's claims of blamelessness showed how societal tolerance was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a society based on agreement.”

The prosecutor addressed Dogan: “While you deny it, it’s not just a person, it’s an complete unpleasant social system that you are supporting.”

Personal History

Dogan was originated from the country of Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a concierge. The evidence indicated that his father was abusive and that the defendant began smoking cannabis aged 10. When he was seventeen he was caught by police for dealing drugs and his father evicted him of home. He spent time in prison for drug dealing in his young adulthood and had worked as a builder but had undergone periods of homelessness.

He was wed and had a son with a genetic condition, who he was the main caregiver for, as his wife worked in a educational cafeteria. The testimony revealed his wife did not know he had regular extramarital activities beyond their marriage. His defence said this was his strategy for managing with his difficult circumstances. Dogan had informed a court psychologist that once a year he engaged in transactional encounters on his birthday. His lawyers informed the court he had a medical condition triggered by the stress of the original case.