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A man was convicted on appeal of raping Gisele Pelicot following she was rendered comatose by her spouse – and has had his jail term raised to ten years.

Retrial Proceedings

The defendant, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, underwent a appeal hearing this week at the Nîmes court of appeal.

A panel of nine jurors, joined by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her residence in Provence in the morning of 29 June 2019.

The court heard that Dogan, a family man, reached out to the victim's then husband, the husband, in an internet forum named “unbeknownst to her”, where Pelicot was recruiting men to visit his house to rape his wife after he had drugged her into a comatose state.

We trust the court will say loud and clear that in this country, human rights are also women’s rights – that permission is personal, not given by another,” said Gisèle Pelicot’s attorney, her legal representative. “Agreement is secured directly and not by proxy from a spouse.”

Background

Dominique Pelicot, a notorious sex offenders in modern French history, was sentenced to two decades in prison last year for drugging his then wife and inviting multiple perpetrators to rape her in her home in the Provence village of Mazan over a duration of nearly ten years of their union.

Fifty other men were found guilty in a widely publicized trial last year, and Dogan was the sole individual to appeal against his conviction. He was originally sentenced to 9 years in prison, a punishment increased on Thursday to a decade.

The chief prosecutor, the prosecutor, had contended he should serve 12 years, because he “absolutely refuses to take any accountability”.

Evidence Presented

The defendant had initially sent the husband graphic images and then traveled an hour from his residence in the region to assault Gisèle Pelicot, after informing his wife he was stepping out, the testimony revealed.

The ex-husband, who was transported from segregation in prison to briefly provide testimony at the appeal trial, stated to the court that the accused had understood his wife had been “sedated” and he said to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious without her consent.”

The trial became a central issue for a larger conversation on rape culture in society as Dogan continued to assert he was not guilty and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his actions had been permissible.

The jury in the higher court was displayed video evidence of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a deep sleep, while a smiling the perpetrator engaged in violation repeatedly over a timeframe of what investigators stated was three and a half hours. The court official said she had been at risk of fatal outcome by choking. The prosecution said there was no doubt that she had been unaware and had not given permission.

Defendant's Statements

Dogan informed the court the footage were simply “sexual encounters” and disputed it was assault. 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 house, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I tried to halt,” Dogan stated to the court. “I continued because he persuaded me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I had no desire to injure that woman.”

Pelicot's Words

The survivor, who was applauded upon departing the trial each day by crowds gathered to stand with her, said to Dogan in court: “You fail to comprehend. When will you admit you assaulted me? It is unlawful to assault an unconscious woman. At what point did I give you consent? Never.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, addressing the victim in court, said the defendant's unwillingness to take blame showed that: “Guilt has not shifted. The public is maybe in the midst of that, maybe propelled by the societal understanding resulting from the exposure of your case.”

The prosecutor said the defendant's claims of non-guilt showed how rape culture was still common in society as part of “outdated” forms of “male domination”. He said: “We need to change rape culture to a ethos of permission.”

Sie said to the defendant: “While you deny it, it’s not just a individual, it’s an complete unpleasant social system that you are upholding.”

Personal History

Dogan was born in the country of Turkey and at the age of five came to the nation of France, where his father worked as a concierge. The testimony revealed that his parent was violent and that the defendant began consuming marijuana at the age of 10. When Dogan was 17 he was stopped by authorities for dealing drugs and his father forced him to leave of home. He served time in prison for drug dealing in his twenties and had worked as a builder but had faced periods of being unhoused.

He was wed and had a child with Down’s syndrome, who he was the primary guardian for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had frequent sexual encounters outside their marriage. His defence said this was his way of coping with his stressful life. The defendant had stated to a mental health expert that each year he sought commercial sex on his birthday. His lawyers told the court he had joint inflammation resulting from the pressure of the initial proceedings.