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An individual has been found guilty on higher court review of raping Gisèle Pelicot after she was rendered comatose by her husband – and has had his jail term increased to ten years.

Higher Court Case

Dogan, 44, an unemployed builder, who had appealed his initial guilty verdict last year, underwent a retrial this week at the Nîmes court of appeal.

A panel of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her residence in the south of France in the early hours of 29 June 2019.

The court heard that Dogan, a family man, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom titled “without her knowledge”, where Pelicot was seeking men to come to his home to assault his wife after he had drugged her into a comatose state.

We expect the jury will declare that in this nation, fundamental rights are also rights of women – that agreement is individual, not given by another,” said Gisèle Pelicot’s attorney, her legal representative. “Consent is obtained directly and not via a representative from a husband.”

Background

The ex-husband, one of the worst sex offenders in modern French history, was sentenced to twenty years in prison last year for incapacitating his then wife and soliciting numerous individuals to rape her in her home in the community of Mazan over a span of nearly ten years of their union.

Fifty other men were found convicted in a notable trial last year, and the appellant was the single defendant to challenge his sentence. He was originally sentenced to nine years in prison, a punishment increased on Thursday to ten years.

The chief prosecutor, the prosecutor, had contended he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Evidence Presented

The defendant had initially sent Dominique Pelicot graphic images and then traveled an hour from his town in Provence to assault the victim, after telling his wife he was leaving, the testimony revealed.

Pelicot, who was transported from segregation in prison to briefly provide testimony at the hearing, stated to the court that the accused had known his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a focus point for a broader debate on sexual violence norms in society as Dogan continued to say he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had invited him into the bedroom, his actions had been acceptable.

The panel in the Nîmes appeals court was displayed video evidence of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a comatose state, while a grinning Dogan committed rape on several occasions over a period of what police said was three and a half hours. The judge said she had been at risk of death by asphyxiation. The state prosecution said there was no question that she had been incapacitated and had not given permission.

Defendant's Statements

Dogan stated to the court the recordings were simply “sex scenes” and disputed it was violation. He said what he did was “a sexual act”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I attempted to cease,” Dogan stated to the court. “I carried on because he reassured me.”

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

Victim's Response

The victim, who was supported upon exiting the courtroom each day by supporters present to stand with her, addressed Dogan in court: “You haven’t understood. When are you going to recognise you violated me? It is illegal to assault an unconscious woman. At what point did I give you consent? Not once.”

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

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's refusal to take responsibility showed that: “Guilt has not shifted. The public is maybe in the midst of that, possibly propelled by the collective awareness brought by the exposure of your ordeal.”

Sie said the defendant's claims of non-guilt showed how societal tolerance was still common in society as part of “archaic” forms of “patriarchal control”. He said: “Now we must change rape culture to a ethos of permission.”

The prosecutor addressed the defendant: “As long as you refuse to admit it, it’s not just a individual, it’s an whole unpleasant social system that you are endorsing.”

Defendant's Background

Dogan was originated from Turkey and at the age of 5 moved to the nation of France, where his father worked as a concierge. The testimony revealed that his father was violent and that Dogan began smoking cannabis at the age of ten. When he was 17 he was stopped by authorities for selling narcotics and his father evicted him of home. He spent time in prison for narcotics offenses in his twenties and had worked as a construction worker but had experienced periods of being unhoused.

He was wed and had a son with special needs, who he was the principal carer for, as his spouse worked in a school canteen. The evidence showed his spouse did not know he had frequent sexual encounters outside their union. His defence said this was his way of coping with his challenging existence. Dogan had stated to a court psychologist that once a year he engaged in transactional encounters on his special day. His attorneys informed the court he had joint inflammation resulting from the anxiety of the first trial.