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An individual was declared guilty on higher court review of raping Gisèle Pelicot following she was rendered comatose by her husband – and has had his incarceration period extended to ten years.

Appeal Trial

The defendant, 44, an unemployed builder, who had appealed his first conviction last year, underwent a appeal hearing this week at the appeals court in Nîmes.

A jury of nine jurors, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her residence in Provence in the morning of 29 June 2019.

The evidence showed that the accused, a family man, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom named “without her knowledge”, where Pelicot was looking for men to come to his home to assault his wife after he had rendered her unconscious into a deep sleep.

We trust the court will declare that in this nation, fundamental rights are also women’s rights – that permission is personal, not transferred,” declared Gisèle Pelicot’s lawyer, her legal representative. “Consent is obtained personally and not through someone else from a spouse.”

Background

The husband, one of the worst sex offenders in modern French history, was handed a sentence to 20 years in prison last year for drugging his then wife and bringing in dozens of men to sexually assault her in her home in the town of the village of Mazan over a period of nearly ten years of their union.

Numerous other individuals were found convicted in a widely publicized trial last year, and the appellant was the single defendant to appeal against his verdict. He was first given a sentence to nine years in prison, a penalty raised on Thursday to a decade.

The state's attorney, the prosecutor, had contended he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Evidence Presented

Dogan had first sent Dominique Pelicot graphic images and then traveled an hour from his village in Provence to rape Gisèle Pelicot, after telling his wife he was leaving, the evidence indicated.

The ex-husband, who was brought from solitary confinement in prison to briefly give evidence at the hearing, informed the court that Dogan had known his wife had been “incapacitated” and he communicated to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a focus point for a wider discussion on rape culture 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 room, his conduct had been justifiable.

The jury in the Nîmes appeals court was displayed video evidence of the victim's unconscious figure, comatose and breathing heavily in a unconscious condition, while a smiling Dogan committed rape multiple times over a period of what investigators stated was several hours. The judge said she had been at peril of fatal outcome by asphyxiation. The state prosecution said there was absolute certainty that she had been unaware and had not given permission.

Defendant's Statements

Dogan informed the court the recordings were simply “sexual encounters” and denied it was rape. He said what he did was “a consensual activity”, not assault. He stated the court: “I did not commit rape.” He said the victim's husband had invited him to the home, and therefore it was acceptable. He said he was deceived by the husband. “I attempted to cease,” Dogan informed the court. “I carried on because he persuaded me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I did not intend to harm that woman.”

Survivor's Statement

The victim, who was cheered upon departing the trial each day by supporters gathered to back her, addressed the defendant in court: “You fail to comprehend. When will you admit you raped me? It is unlawful to rape an unaware woman. How could I have give you permission? Not once.”

Gisèle Pelicot, 72, became an global icon after she waived her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s refusal to take blame showed that: “Shame has not yet changed sides. The public is perhaps in the process of that, perhaps driven by the collective awareness spurred by the publication of your case.”

The prosecutor said Dogan’s claims of blamelessness showed how rape culture was still common in society as part of “outdated” forms of “male domination”. He said: “Now we must change rape culture to a culture of consent.”

Sie said to the defendant: “As long as you reject it, it’s not just a woman, it’s an complete sordid social system that you are upholding.”

Personal History

Dogan was born in the country of Turkey and at the age of 5 moved to France, where his father worked as a caretaker. The evidence indicated that his father was abusive and that Dogan began consuming marijuana at the age of 10. When Dogan was 17 he was stopped by police for drug trafficking and his parent forced him to leave the family house. He was incarcerated in prison for drug dealing in his twenties and had worked as a construction worker but had experienced periods of being unhoused.

He was married and had a child with Down’s syndrome, who he was the main caregiver for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had regular sexual encounters outside their union. His defence said this was his strategy for managing with his challenging existence. Dogan had informed a court psychologist that each year he looked for paid sex on his special day. His legal representatives told the court he had arthritis triggered by the stress of the initial proceedings.