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A defendant was declared guilty on higher court review of raping Gisele Pelicot after she was rendered comatose by her spouse – and received his jail term extended to 10 years.

Appeal Trial

The defendant, 44, an out-of-work construction worker, who had challenged his first conviction last year, experienced a new trial this week at the Nîmes court of appeal.

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

The evidence showed that the accused, a family man, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom titled “unbeknownst to her”, where the husband was recruiting men to enter his residence to rape his wife after he had sedated her into a unconscious state.

We trust the panel will say loud and clear that in this nation, human rights are also rights of women – that consent is individual, not delegated,” stated Gisèle Pelicot’s attorney, her legal representative. “Agreement is secured directly and not via a representative from a husband.”

Context

Dominique Pelicot, among the most severe sex offenders in France's contemporary records, was given a prison term to twenty years in prison last year for incapacitating his then wife and inviting multiple perpetrators to sexually assault her in her home in the Provence village of the village of Mazan over a duration of many years of their marriage.

Numerous other individuals were found culpable in a widely publicized trial last year, and the appellant was the single defendant to challenge his verdict. He was initially given a sentence to nine years in prison, a penalty increased on Thursday to ten years.

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

Testimony and Proof

Dogan had initially sent the husband sexually explicit photos and then driven an hour from his village in the region to rape Gisèle Pelicot, after notifying his wife he was going out, the court heard.

Pelicot, who was brought from solitary confinement in prison to temporarily give evidence at the appeal trial, stated to the court that Dogan had been aware his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve sedated her without her consent.”

The proceedings became a central issue for a larger conversation on societal attitudes in society as Dogan continued to say he was not guilty and had not perpetrated assault, contending that because the victim's husband had welcomed him into the room, his conduct had been justifiable.

The panel in the Nîmes appeals court was shown visual proof of Gisèle Pelicot’s unresponsive form, sedated and snoring in a unconscious condition, while a grinning Dogan committed rape on several occasions over a period of what police said was 3.5 hours. The judge said she had been at danger of death by choking. The state's case said there was no doubt that she had been unaware and had not given permission.

Dogan's Claims

Dogan told the court the footage were simply “intimate moments” and denied it was violation. He said what he did was “a consensual activity”, not assault. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I carried on because he persuaded me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I had no desire to harm that individual.”

Victim's Response

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by supporters gathered to support her, said to Dogan in court: “You do not grasp. When will you admit you assaulted me? It is illegal to rape an unaware woman. How could I have give you consent? At no time.”

Gisèle Pelicot, seventy-two, became an global icon after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, addressing the victim in court, said the defendant's refusal to take responsibility showed that: “Shame has not yet changed sides. The public is maybe in the midst of that, maybe driven by the societal understanding spurred by the exposure of your case.”

The prosecutor said Dogan’s claims of blamelessness showed how normalized violence was still common in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change rape culture to a ethos of permission.”

The prosecutor told Dogan: “While you refuse to admit it, it’s not just a individual, it’s an whole disturbing social system that you are supporting.”

Defendant's Background

Dogan was originated from Turkey and at the age of 5 relocated to France, where his parent worked as a caretaker. The evidence indicated that his father was abusive and that Dogan began smoking cannabis at the age of 10. When Dogan was 17 he was apprehended by police for dealing drugs and his parent evicted him the family house. He served time in prison for trafficking in his young adulthood 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 principal carer for, as his spouse worked in a educational cafeteria. The testimony revealed his spouse did not know he had regular intimate relations beyond their union. His defence said this was his method of dealing with his stressful life. Dogan had informed a mental health expert that each year he sought commercial sex on his special day. His legal representatives told the court he had arthritis triggered by the pressure of the first trial.