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An individual was declared guilty on appeal of raping Gisele Pelicot after she was rendered comatose by her then-husband – and was given his jail term extended to ten years.

Higher Court Case

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

A panel of five men and four women, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her residence in the south of France in the morning of June 29, 2019.

The evidence showed that Dogan, a family man, made contact with Gisèle Pelicot’s husband at the time, the husband, in an online chatroom titled “unbeknownst to her”, where Pelicot was looking for men to visit his house to rape his wife once he had drugged her into a unconscious state.

We trust the court will say loud and clear that in this nation, human rights are also women’s rights – that agreement is individual, not given by another,” stated the victim's lawyer, Antoine Camus. “Consent is received personally and not by proxy from a spouse.”

Background

The ex-husband, one of the worst sex offenders in France's contemporary records, was given a prison term to twenty years in prison last year for incapacitating his then wife and soliciting numerous individuals to sexually assault her in her home in the town of Mazan over a duration of nearly ten years of their union.

Numerous other individuals were found convicted in a notable trial last year, and the appellant was the single defendant to challenge his conviction. He was originally handed a term to nine years in prison, a punishment raised on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had stated he should serve twelve years, because he “completely denies to take any responsibility”.

Courtroom Details

The defendant had initially sent Dominique Pelicot graphic images and then traveled an hour from his village in Provence to assault Gisèle Pelicot, after notifying his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from segregation in prison to briefly provide testimony at the retrial, stated to the court that Dogan had known his wife had been “incapacitated” and he told to men by phone: “I want someone to abuse my wife after I’ve put her to sleep without her consent.”

The courtroom became a central issue for a broader debate on societal attitudes in society as the defendant continued to say he was blameless and had not perpetrated assault, stating that because the victim's husband had invited him into the room, his conduct had been justifiable.

The panel in the higher court was presented with recorded footage of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a unconscious condition, while a grinning Dogan committed rape on several occasions over a period of what authorities reported was three and a half hours. The judge said she had been at risk of death by suffocation. The state's case said there was no question that she had been unaware and had not given permission.

Accused's Testimony

The defendant told the court the recordings were simply “intimate moments” and rejected it was assault. He said what he did was “an intimate behavior”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was acceptable. He said he was influenced by the husband. “I attempted to cease,” the accused told the court. “I carried on because he reassured me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to harm that lady.”

Survivor's Statement

The survivor, who was applauded upon leaving court each day by supporters present to support her, told the defendant in court: “You fail to comprehend. When will you acknowledge you raped me? It is unlawful to assault an unconscious woman. How could I have give you permission? Never.”

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

Legal Commentary

Sie, turning to Gisèle Pelicot in court, said the defendant's failure to take blame showed that: “Guilt has not shifted. Society is possibly in the course of that, maybe motivated by the collective awareness spurred by the revelation of your ordeal.”

The prosecutor said the defendant's claims of non-guilt showed how rape culture was still widespread in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

The prosecutor addressed the defendant: “While you refuse to admit it, it’s not just a woman, it’s an whole disturbing societal structure that you are upholding.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of 5 moved to the nation of France, where his father worked as a caretaker. The testimony revealed that his parent was violent and that the defendant began smoking cannabis at the age of 10. When he was seventeen he was stopped by authorities for dealing drugs and his father kicked him out the family house. He spent time in prison for drug dealing in his young adulthood and had worked as a laborer but had experienced periods of being unhoused.

He was married and had a son with Down’s syndrome, who he was the main caregiver for, as his wife worked in a institution's dining hall. The evidence showed his spouse did not know he had repeated intimate relations beyond their union. His defence said this was his way of coping with his challenging existence. The defendant had stated to a mental health expert that annually he engaged in commercial sex on his birthday. His attorneys informed the court he had joint inflammation triggered by the stress of the initial proceedings.