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An individual has been found guilty on appeal of raping Gisèle Pelicot following she was rendered comatose by her husband – and was given his prison sentence extended to 10 years.

Appeal Trial

The defendant, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, faced a appeal hearing this week at the Nîmes court of appeal.

A panel of five men and four women, sitting with three judges, ruled against Dogan on Thursday of raping Pelicot in her home in the south of France in the morning of 29 June 2019.

The testimony revealed that Dogan, a married father, connected with the victim's then husband, the husband, in an digital platform called “without her consent”, where Pelicot was recruiting men to come to his home to rape his wife after he had rendered her unconscious into a unconscious state.

“We hope the panel will say loud and clear that in this nation, fundamental rights are also women’s rights – that agreement is personal, not transferred,” said Gisèle Pelicot’s lawyer, her legal representative. “Permission is received directly and not by proxy from a husband.”

Background

The ex-husband, among the most severe sexual predators in modern French history, was sentenced to two decades in prison last year for sedating his spouse and bringing in dozens of men to rape her in her home in the town of the village of Mazan over a duration of nearly ten years of their union.

Dozens of additional defendants were found culpable in a high-profile trial last year, and the appellant was the single defendant to challenge his sentence. He was first handed a term to 9 years in prison, a sentence raised on Thursday to 10 years.

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

Testimony and Proof

Dogan had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his village in the region to assault Gisèle Pelicot, after notifying his wife he was going out, the testimony revealed.

The ex-husband, who was transported from segregation in prison to briefly give evidence at the appeal trial, stated to the court that the accused had known his wife had been “sedated” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her unbeknownst to her.”

The trial became a key topic for a broader debate on sexual violence norms in society as the defendant continued to claim he was blameless and had not perpetrated assault, stating that because the victim's husband had invited him into the residence, his actions had been justifiable.

The jury in the higher court was displayed video evidence of Gisèle Pelicot’s unconscious figure, comatose and snoring in a comatose state, while a grinning the perpetrator performed assault repeatedly over a duration of what police said was three and a half hours. The judge said she had been at risk of fatal outcome by choking. The prosecution said there was no question that she had been incapacitated and had not given permission.

Accused's Testimony

The defendant informed the court the videos 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 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 manipulated by the husband. “I attempted to cease,” the accused stated to the court. “I proceeded because he persuaded me.”

Asked if he wanted to make a last words to the court, Dogan said: “I did not intend to harm that lady.”

Victim's Response

The survivor, who was supported upon exiting the courtroom each day by supporters assembled to support her, addressed Dogan in court: “You haven’t understood. When are you going to recognise you assaulted me? It’s a crime to rape an incapacitated woman. When did I ever give you agreement? At no time.”

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

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said the defendant's unwillingness to take responsibility showed that: “Shame has not yet changed sides. Society is perhaps in the process of that, possibly motivated by the societal understanding spurred by the publication of your case.”

The prosecutor said the defendant's claims of innocence showed how normalized violence was still prevalent in society as part of “outdated” forms of “male domination”. He said: “Now we must change rape culture to a culture of consent.”

Sie addressed Dogan: “While you refuse to admit it, it’s not just a individual, it’s an entire sordid societal structure that you are upholding.”

Biographical Details

The accused was originated from Turkey and at the age of 5 moved to France, where his father worked as a caretaker. The evidence indicated that his parent was violent and that the defendant began using drugs at the age of 10. When he was seventeen he was apprehended by police for drug trafficking and his parent kicked him out of home. He served time in prison for narcotics offenses in his young adulthood and had worked as a builder but had undergone periods of homelessness.

He was married and had a child with a genetic condition, 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 repeated intimate relations beyond their union. His legal team said this was his method of dealing with his stressful life. Dogan had informed a evaluator that once a year he sought transactional encounters on his birthday. His lawyers told the court he had a medical condition triggered by the anxiety of the initial proceedings.