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A man was convicted on appeal of sexually assaulting Gisèle Pelicot following she was rendered comatose by her spouse – and has had his jail term increased to ten years.

Appeal Trial

Dogan, 44, an unemployed builder, who had challenged his initial guilty verdict last year, experienced a new trial this week at the higher court in Nîmes.

A panel of nine jurors, accompanied by three judges, convicted Dogan on Thursday of raping Pelicot in her residence in Provence in the morning of June 29, 2019.

The testimony revealed that the accused, a married father, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an internet forum called “unbeknownst to her”, where Pelicot was seeking men to come to his home to rape his wife once he had drugged her into a deep sleep.

“We hope the panel will declare that in this nation, human rights are also rights of women – that consent is individual, not transferred,” said Gisèle Pelicot’s lawyer, her legal representative. “Permission is obtained personally and not by proxy from a husband.”

Context

The husband, among the most severe sexual predators in modern French history, was sentenced to two decades in prison last year for drugging his wife at the time and soliciting numerous individuals to sexually assault her in her home in the community of the village of Mazan over a duration of almost a decade of their union.

Fifty other men were found culpable in a high-profile trial last year, and the appellant was the single defendant to challenge his sentence. He was initially given a sentence to nine years in prison, a sentence enhanced on Thursday to ten years.

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

Evidence Presented

Dogan had initially sent Dominique Pelicot graphic images and then driven an hour from his residence in Provence to rape the victim, after telling his wife he was stepping out, the court heard.

The ex-husband, who was transported from isolation in prison to briefly give evidence at the appeal trial, told the court that the accused had understood his wife had been “sedated” and he said to men by phone: “I seek someone to violate my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a key topic for a wider discussion on societal attitudes in society as Dogan continued to say he was blameless and had not committed rape, contending that because Gisèle Pelicot’s husband had allowed him into the room, his conduct had been permissible.

The jury in the Nîmes appeals court was displayed video evidence of the victim's limp body, sedated and snoring in a deep sleep, while a smiling Dogan committed rape repeatedly over a duration of what police said was three and a half hours. The presiding judge said she had been at peril of fatal outcome by suffocation. The state's case said there was no question that she had been incapacitated and had not agreed.

Accused's Testimony

Dogan told the court the recordings were simply “sexual encounters” and rejected it was violation. 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 brought him to the home, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I proceeded because he convinced me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I never wanted to hurt that individual.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by supporters present to support her, addressed Dogan in court: “You haven’t understood. When will you acknowledge you violated me? It’s a crime to rape an unaware woman. How could I have give you permission? Never.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “The shame should shift.”

State's Argument

The prosecutor, turning to the victim in court, said the defendant's refusal to take accountability showed that: “Guilt has not shifted. The community is perhaps in the midst of that, maybe propelled by the collective awareness spurred by the publication of your situation.”

Sie said Dogan’s claims of non-guilt showed how societal tolerance was still common in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change rape culture to a ethos of permission.”

The prosecutor addressed Dogan: “While you reject it, it’s not just a person, it’s an complete disturbing social system that you are upholding.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of 5 moved to the nation of France, where his parent worked as a caretaker. The court heard that his parent was violent and that Dogan began smoking cannabis aged 10. When he was 17 he was stopped by authorities for dealing drugs and his father forced him to leave of home. He spent time in prison for narcotics offenses in his early 20s and had worked as a builder but had undergone periods of being unhoused.

He was wed and had a son with a genetic condition, who he was the principal carer for, as his spouse worked in a educational cafeteria. The evidence showed his wife did not know he had repeated sexual encounters beyond their marriage. His legal team said this was his method of dealing with his difficult circumstances. Dogan had told a court psychologist that annually he looked for transactional encounters on his birthday. His lawyers told the court he had a medical condition resulting from the stress of the initial proceedings.