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An individual was convicted on higher court review of raping Gisele Pelicot after she was rendered comatose by her spouse – and was given his prison sentence extended to a decade.

Appeal Trial

Dogan, 44, an unemployed builder, who had challenged his first conviction last year, experienced a appeal hearing this week at the Nîmes court of appeal.

A jury of five men and four women, joined by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her bedroom in southern France in the morning of June 29, 2019.

The court heard that Dogan, a married father, made contact with the victim's spouse, Dominique Pelicot, in an internet forum named “unbeknownst to her”, where Pelicot was seeking men to come to his home to rape his wife after he had drugged her into a unconscious state.

We trust the panel will affirm that in this nation, human rights are also rights of women – that consent is individual, not transferred,” stated Gisèle Pelicot’s lawyer, her legal representative. “Consent is obtained directly and not via a representative from a husband.”

Context

Dominique Pelicot, one of the worst sexual predators in recent French history, was handed a sentence to two decades in prison last year for incapacitating his spouse and inviting multiple perpetrators to rape her in her home in the community of the village of Mazan over a period of almost a decade of their marriage.

Numerous other individuals were found guilty in a notable trial last year, and Dogan was the only man to challenge his conviction. He was originally handed a term to nine years in prison, a punishment enhanced on Thursday to ten years.

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

Testimony and Proof

Dogan had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his village in the region to assault the victim, after notifying his wife he was leaving, the court heard.

The ex-husband, who was brought from solitary confinement in prison to temporarily testify at the appeal trial, informed the court that Dogan had known his wife had been “incapacitated” and he said to men by phone: “I want someone to assault my wife after I’ve put her to sleep without her knowledge.”

The courtroom became a central issue for a larger conversation on societal attitudes in society as the defendant continued to claim he was not guilty and had not committed rape, stating that because the victim's husband had invited him into the room, his conduct had been acceptable.

The panel in the Nîmes appeals court was shown visual proof of the victim's unresponsive form, unconscious and snoring in a comatose state, while a smiling the perpetrator engaged in violation multiple times over a period of what authorities reported was 3.5 hours. The court official said she had been at danger of fatal outcome by choking. The state's case said there was absolute certainty that she had been unaware and had not agreed.

Defendant's Statements

The defendant informed the court the videos were simply “sex scenes” and disputed it was rape. He said what he did was “a consensual activity”, not rape. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan 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 never wanted to hurt that lady.”

Victim's Response

The survivor, who was applauded upon leaving court each day by crowds assembled to support her, told the defendant in court: “You fail to comprehend. When will you admit you raped me? It is illegal to assault an unconscious woman. How could I have give you agreement? At no time.”

Gisèle Pelicot, seventy-two, became an global icon after she gave up 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 failure to take accountability showed that: “Guilt has not shifted. The community is maybe in the midst of that, maybe propelled by the collective awareness spurred by the exposure of your situation.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change the culture of violence to a culture of consent.”

The prosecutor addressed the defendant: “As long as you deny it, it’s not just a person, it’s an complete sordid societal structure that you are supporting.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a concierge. The court heard that his parent was aggressive and that the defendant began consuming marijuana at the age of ten. When Dogan was seventeen he was apprehended by police for selling narcotics and his father evicted him the residence. He spent time in prison for narcotics offenses in his twenties and had worked as a construction worker but had experienced periods of homelessness.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The testimony revealed his wife did not know he had frequent sexual encounters beyond their marriage. His defence said this was his method of dealing with his difficult circumstances. Dogan had told a court psychologist that annually he looked for commercial sex on his birthday. His legal representatives stated to the court he had joint inflammation resulting from the anxiety of the original case.