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An individual was declared guilty on higher court review of sexually assaulting Gisele Pelicot after she was rendered comatose by her husband – and received his incarceration period extended to a decade.

Higher Court Case

Dogan, 44, an unemployed builder, who had appealed his first conviction last year, underwent a new trial this week at the higher court in Nîmes.

A jury of nine jurors, joined by three judges, convicted Dogan on Thursday of raping the victim in her residence in the south of France in the morning of June 29, 2019.

The court heard that Dogan, a married father, connected with the victim's spouse, the husband, in an online chatroom named “without her consent”, where the husband was looking for men to enter his residence to rape his wife after he had drugged her into a deep sleep.

“We hope the jury will declare that in this country, fundamental rights are also women’s rights – that agreement is personal, not given by another,” said Gisèle Pelicot’s attorney, her legal representative. “Consent is obtained personally and not via a representative from a spouse.”

Context

The ex-husband, one of the worst sex offenders in recent French history, was given a prison term to two decades in prison last year for drugging his spouse and bringing in multiple perpetrators to rape her in her home in the Provence village of Mazan over a duration of many years of their union.

Fifty other men were found convicted in a high-profile trial last year, and Dogan was the sole individual to appeal against his verdict. He was originally sentenced to 9 years in prison, a sentence raised on Thursday to a decade.

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

Courtroom Details

The defendant had initially sent Dominique Pelicot graphic images and then traveled an hour from his residence in Provence to rape Gisèle Pelicot, after notifying his wife he was stepping out, the court heard.

Pelicot, who was brought from isolation in prison to temporarily give evidence at the appeal trial, informed the court that the accused had known his wife had been “sedated” and he said to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The proceedings became a key topic for a larger conversation on sexual violence norms in society as the defendant continued to claim he was blameless and had not committed rape, stating that because the victim's husband had welcomed him into the room, his actions had been justifiable.

The jury in the Nîmes appeals court was presented with visual proof of the victim's unresponsive form, comatose and breathing heavily in a comatose state, while a smiling the perpetrator committed rape on several occasions over a period of what police said was three and a half hours. The court official said she had been at danger of fatal outcome by suffocation. The state prosecution said there was no question that she had been incapacitated and had not consented.

Accused's Testimony

Dogan stated to the court the footage were simply “sex scenes” and denied it was rape. He said what he did was “an intimate behavior”, not rape. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I carried on because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to harm that lady.”

Victim's Response

The victim, who was applauded upon exiting the courtroom each day by supporters assembled to stand with her, said to the defendant in court: “You haven’t understood. When will you admit you violated me? It is illegal to assault an unconscious woman. How could I have give you permission? At no time.”

Gisèle Pelicot, 72, became an global icon after she relinquished her right to privacy in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said Dogan’s unwillingness to take responsibility showed that: “The shame remains. Society is perhaps in the midst of that, possibly propelled by the collective awareness spurred by the revelation of your case.”

The prosecutor said the defendant's claims of non-guilt showed how societal tolerance was still common in society as part of “archaic” forms of “gender-based power”. He said: “We need to change rape culture to a society based on agreement.”

The prosecutor addressed Dogan: “For as much as you reject it, it’s not just a person, it’s an complete sordid cultural framework that you are upholding.”

Biographical Details

Dogan was born in Turkey and at the age of 5 moved to the nation of France, where his father worked as a caretaker. The court heard that his father was abusive and that the defendant began smoking cannabis aged ten. When he was 17 he was apprehended by authorities for dealing drugs and his father forced him to leave the family house. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a laborer but had experienced periods of living on the streets.

He was married and had a child with special needs, who he was the main caregiver for, as his spouse worked in a school canteen. The court heard his spouse did not know he had repeated sexual encounters beyond their union. His defence said this was his method of dealing with his challenging existence. Dogan had informed a court psychologist that each year he looked for transactional encounters on his special day. His legal representatives told the court he had a medical condition caused by the stress of the original case.