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An individual was convicted on higher court review of sexually assaulting Gisele Pelicot following she was rendered comatose by her spouse – and has had his incarceration period increased to 10 years.

Appeal Trial

The defendant, forty-four, an unemployed builder, who had appealed his first conviction last year, underwent a appeal hearing this week at the appeals court in Nîmes.

A jury of four women and five men, joined by three judges, found Dogan guilty on Thursday of raping Pelicot in her bedroom in the south of France in the early hours of June 29, 2019.

The court heard that Dogan, a family man, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum called “unbeknownst to her”, where the husband was looking for men to enter his residence to assault his wife once he had sedated her into a comatose state.

We expect the jury will affirm that in this country, human rights are also rights of women – that permission is personal, not delegated,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is secured personally and not by proxy from a spouse.”

Background

The ex-husband, a notorious sex offenders in recent French history, was handed a sentence to twenty years in prison last year for incapacitating his then wife and soliciting numerous individuals to rape her in her home in the town of Mazan over a span of many years of their marriage.

Fifty other men were found convicted in a high-profile trial last year, and the appellant was the sole individual to challenge his verdict. He was originally given a sentence to 9 years in prison, a penalty raised on Thursday to ten years.

The chief prosecutor, Dominique Sie, had argued he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot graphic images and then traveled an hour from his residence in Provence to rape the victim, after telling his wife he was leaving, the testimony revealed.

Pelicot, who was brought from solitary confinement in prison to temporarily give evidence at the appeal trial, told the court that Dogan had been aware his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a key topic for a wider discussion on societal attitudes in society as the defendant continued to assert he was innocent and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had invited him into the residence, his conduct had been acceptable.

The panel in the higher court was presented with recorded footage of Gisèle Pelicot’s limp body, comatose and breathing heavily in a comatose state, while a smiling Dogan performed assault repeatedly over a timeframe of what authorities reported was 3.5 hours. The presiding judge said she had been at danger of fatal outcome by asphyxiation. The state's case said there was no question that she had been unaware and had not given permission.

Accused's Testimony

Dogan informed the court the recordings were simply “intimate moments” and denied it was rape. He said what he did was “an intimate behavior”, not assault. He declared the court: “I did not commit rape.” He said the victim's husband had allowed him to the house, and therefore it was OK. He said he was manipulated by the husband. “I tried to halt,” the accused stated to the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I had no desire to harm that woman.”

Pelicot's Words

The survivor, who was cheered upon exiting the courtroom each day by onlookers assembled to stand with her, addressed Dogan in court: “You do not grasp. When will you admit you assaulted me? It’s a crime to assault an unconscious woman. When did I ever give you permission? Not once.”

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

State's Argument

Sie, addressing the victim in court, said the defendant's refusal to take responsibility showed that: “Shame has not yet changed sides. The public is perhaps in the course of that, maybe motivated by the societal understanding spurred by the publication of your situation.”

Sie said the defendant's claims of non-guilt showed how normalized violence was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change rape culture to a ethos of permission.”

The prosecutor told Dogan: “For as much as you deny it, it’s not just a individual, it’s an entire sordid social system that you are endorsing.”

Defendant's Background

The accused was originated from Turkey and at the age of 5 moved to France, where his father worked as a building manager. The testimony revealed that his parent was violent and that Dogan began consuming marijuana aged ten. When he was 17 he was stopped by authorities for selling narcotics and his father kicked him out the residence. He served time in prison for narcotics offenses in his young adulthood and had worked as a laborer but had experienced periods of living on the streets.

He was wed and had a son with a genetic condition, who he was the primary guardian for, as his spouse worked in a school canteen. The court heard his spouse did not know he had frequent intimate relations beyond their marriage. His legal team said this was his method of dealing with his stressful life. Dogan had stated to a court psychologist that annually he engaged in transactional encounters on his birthday. His attorneys stated to the court he had a medical condition resulting from the pressure of the initial proceedings.