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A man was declared guilty on higher court review of raping Gisèle Pelicot after she was rendered comatose by her then-husband – and has had his prison sentence increased to a decade.

Retrial Proceedings

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

A jury of nine jurors, sitting with three judges, ruled against Dogan on Thursday of raping Pelicot in her bedroom in southern France in the morning of June 29, 2019.

The court heard that the accused, a family man, connected with the victim's husband at the time, Dominique Pelicot, in an digital platform called “without her knowledge”, where Pelicot was looking for men to enter his residence to rape his wife once he had rendered her unconscious into a deep sleep.

“We hope the court will affirm that in this country, human rights are also women’s rights – that agreement is individual, not delegated,” declared Gisèle Pelicot’s attorney, her legal representative. “Consent is received personally and not via a representative from a husband.”

Context

The ex-husband, among the most severe sex offenders in recent French history, was sentenced to 20 years in prison last year for drugging his wife at the time and bringing in numerous individuals to rape her in her home in the community of Mazan over a period of nearly ten years of their marriage.

Numerous other individuals were found guilty in a notable trial last year, and the appellant was the single defendant to challenge his conviction. He was first handed a term to 9 years in prison, a sentence increased on Thursday to 10 years.

The state's attorney, Dominique Sie, had stated he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Courtroom Details

The defendant had first sent the husband inappropriate pictures and then traveled an hour from his village in the region to rape the victim, after informing his wife he was leaving, the court heard.

The ex-husband, who was brought from segregation in prison to temporarily give evidence at the appeal trial, stated to the court that Dogan had been aware his wife had been “incapacitated” and he said to men by phone: “I seek someone to abuse my wife after I’ve sedated her without her knowledge.”

The trial became a central issue for a broader debate on sexual violence norms in society as Dogan continued to say he was blameless and had not committed rape, stating that because Gisèle Pelicot’s husband had allowed him into the bedroom, his actions had been justifiable.

The jury in the higher court was shown visual proof of the victim's unresponsive form, sedated and snoring in a comatose state, while a smiling the perpetrator engaged in violation multiple times over a duration of what police said was several hours. The judge said she had been at risk of death by choking. The state's case said there was absolute certainty that she had been unconscious and had not agreed.

Defendant's Statements

Dogan told the court the videos were simply “sex scenes” and denied it was rape. He said what he did was “a sexual act”, not assault. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused informed the court. “I continued because he persuaded me.”

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

Survivor's Statement

The survivor, who was cheered upon exiting the courtroom each day by supporters assembled to stand with her, told Dogan in court: “You haven’t understood. When will you admit you violated me? It’s a crime to assault an incapacitated woman. How could I have give you agreement? Never.”

Gisèle Pelicot, 72, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, speaking to Gisèle Pelicot in court, said Dogan’s refusal to take blame showed that: “Shame has not yet changed sides. Society is possibly in the midst of that, perhaps motivated by the public consciousness brought by the exposure of your ordeal.”

Sie said the defendant's claims of non-guilt showed how societal tolerance was still widespread in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change the culture of violence to a culture of consent.”

The prosecutor addressed Dogan: “For as much as you refuse to admit it, it’s not just a woman, it’s an entire unpleasant social system that you are endorsing.”

Defendant's Background

Dogan was born in Turkey and at the age of five relocated to the nation of France, where his parent worked as a caretaker. The evidence indicated that his parent was abusive and that the defendant began using drugs at the age of 10. When Dogan was 17 he was caught by police for dealing drugs and his parent evicted him the residence. He spent time in prison for trafficking in his twenties and had worked as a laborer but had experienced periods of living on the streets.

He was wed and had a child with Down’s syndrome, who he was the principal carer for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had frequent sexual encounters outside their marriage. His legal team said this was his way of coping with his stressful life. Dogan had informed a evaluator that once a year he engaged in transactional encounters on his birthday. His lawyers stated to the court he had a medical condition resulting from the pressure of the first trial.