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A defendant was convicted on appeal of raping Gisèle Pelicot after she was rendered comatose by her then-husband – and received his incarceration period extended to ten years.

Appeal Trial

Dogan, forty-four, an out-of-work construction worker, who had appealed his initial guilty verdict last year, experienced a appeal hearing this week at the higher court in Nîmes.

A panel of four women and five men, 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 married father, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom titled “without her knowledge”, where the husband was looking for men to enter his residence to rape his wife once he had drugged her into a unconscious state.

We trust the panel will say loud and clear that in this society, fundamental rights are also rights of women – that agreement is personal, not delegated,” declared the victim's lawyer, her legal representative. “Consent is received personally and not through someone else from a spouse.”

Context

Dominique Pelicot, one of the worst sex offenders in modern French history, was handed a sentence to 20 years in prison last year for sedating his wife at the time and inviting multiple perpetrators to sexually assault her in her home in the community of Mazan over a span of almost a decade of their union.

Dozens of additional defendants were found guilty in a notable trial last year, and Dogan was the sole individual to contest his sentence. He was initially handed a term to nine years in prison, a penalty increased on Thursday to a decade.

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

Testimony and Proof

Dogan had first sent Dominique Pelicot graphic images and then driven an hour from his village in the region to rape the victim, after telling his wife he was stepping out, the evidence indicated.

The ex-husband, who was brought from solitary confinement in prison to temporarily give evidence at the retrial, informed the court that the accused had understood his wife had been “sedated” and he communicated to men by phone: “I want someone to violate my wife after I’ve sedated her without her knowledge.”

The proceedings became a key topic for a broader debate on rape culture in society as Dogan continued to claim he was innocent and had not committed rape, stating that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his actions had been permissible.

The panel in the Nîmes appeals court was shown visual proof of the victim's unconscious figure, comatose and snoring in a unconscious condition, while a grinning the perpetrator committed rape repeatedly over a duration of what investigators stated was several hours. The court official said she had been at peril of fatal outcome by asphyxiation. The state prosecution said there was no question that she had been unaware and had not given permission.

Defendant's Statements

The defendant stated to the court the footage were simply “sexual encounters” and denied it was violation. He said what he did was “a consensual activity”, not rape. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was permissible. He said he was influenced by the husband. “I tried to halt,” the accused told the court. “I carried on because he persuaded me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I did not intend to harm that individual.”

Survivor's Statement

The victim, who was supported upon exiting the courtroom each day by crowds present to support her, told the defendant in court: “You fail to comprehend. When will you admit you assaulted me? It’s a crime to rape an incapacitated woman. When did I ever give you agreement? Never.”

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

State's Argument

Sie, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “Shame has not yet changed sides. Society is maybe in the process of that, possibly motivated by the collective awareness resulting from the exposure of your situation.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still common in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change rape culture to a society based on agreement.”

The prosecutor said to Dogan: “While you reject it, it’s not just a person, it’s an entire disturbing cultural framework that you are supporting.”

Personal History

Dogan was originated from Turkey and at the age of 5 moved to the nation of France, where his parent worked as a caretaker. The evidence indicated that his parent was aggressive and that the defendant began using drugs at the age of 10. When he was seventeen he was apprehended by authorities for drug trafficking and his parent kicked him out the family house. He spent time in prison for trafficking in his early 20s and had worked as a builder but had faced periods of living on the streets.

He was married and had a son with Down’s syndrome, who he was the primary guardian for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had repeated sexual encounters outside their union. His legal team said this was his strategy for managing with his challenging existence. Dogan had informed a evaluator that annually he engaged in paid sex on his special day. His legal representatives informed the court he had joint inflammation caused by the stress of the first trial.