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An individual was convicted on higher court review of raping Gisèle Pelicot following she was rendered comatose by her then-husband – and was given his incarceration period raised to a decade.

Higher Court Case

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

A jury of five men and four women, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her residence in southern France in the early hours of June 29, 2019.

The evidence showed that Dogan, a family man, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum named “without her knowledge”, where the husband was recruiting men to enter his residence to rape his wife once he had rendered her unconscious into a unconscious state.

We expect the court will declare that in this country, human rights are also rights of women – that consent is individual, not delegated,” said Gisèle Pelicot’s attorney, Antoine Camus. “Consent is secured directly and not by proxy from a husband.”

Context

The ex-husband, one of the worst sex offenders in modern French history, was handed a sentence to 20 years in prison last year for incapacitating his wife at the time and inviting multiple perpetrators to sexually assault her in her home in the Provence village of the village of Mazan over a period of nearly ten years of their union.

Fifty other men were found culpable 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 9 years in prison, a punishment increased on Thursday to 10 years.

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

Testimony and Proof

The defendant had first sent the husband sexually explicit photos and then traveled an hour from his village in Provence to rape Gisèle Pelicot, after informing his wife he was going out, the testimony revealed.

The ex-husband, who was brought from isolation in prison to briefly provide testimony at the hearing, informed the court that Dogan had understood his wife had been “incapacitated” and he said to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a focus point for a broader debate on rape culture in society as the defendant continued to claim he was innocent and had not engaged in violation, stating that because Gisèle Pelicot’s husband had allowed him into the room, his conduct had been acceptable.

The panel in the Nîmes appeals court was presented with recorded footage of the victim's unresponsive form, comatose and breathing heavily in a comatose state, while a smiling Dogan committed rape multiple times over a duration of what police said was three and a half hours. The presiding judge said she had been at danger of fatal outcome by suffocation. The state's case said there was no question that she had been incapacitated and had not agreed.

Dogan's Claims

Dogan stated to the court the footage were simply “intimate moments” and denied it was violation. He said what he did was “an intimate behavior”, not rape. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan told the court. “I proceeded because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to injure that individual.”

Victim's Response

The survivor, who was supported upon departing the trial each day by crowds gathered to back her, addressed Dogan in court: “You do not grasp. When will you acknowledge you violated me? It is unlawful to assault an unaware woman. At what point did I give you agreement? Never.”

The victim, 72, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, addressing the victim in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. Society is possibly in the course of that, maybe driven by the public consciousness brought by the exposure of your situation.”

The prosecutor said the defendant's claims of blamelessness showed how rape culture was still common in society as part of “archaic” forms of “gender-based power”. He said: “Now we must change rape culture to a culture of consent.”

Sie told Dogan: “As long as you refuse to admit it, it’s not just a woman, it’s an entire disturbing cultural framework that you are upholding.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of five moved to France, where his father worked as a building manager. The court heard that his father was aggressive and that Dogan began using drugs aged ten. When he was 17 he was stopped by police for selling narcotics and his parent evicted him the family house. He spent time in prison for narcotics offenses in his twenties and had worked as a laborer but had faced periods of homelessness.

He was married and had a child with a genetic condition, who he was the principal carer for, as his wife worked in a institution's dining hall. The court heard his spouse did not know he had regular extramarital activities beyond their union. His defence said this was his method of dealing with his stressful life. The defendant had stated to a mental health expert that each year he sought paid sex on his special day. His legal representatives stated to the court he had arthritis triggered by the pressure of the initial proceedings.