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An individual has been found guilty on appeal of sexually assaulting Gisèle Pelicot following she was rendered comatose by her spouse – and received his jail term extended to ten years.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had appealed his first conviction last year, faced a appeal hearing this week at the higher court in Nîmes.

A panel of nine jurors, joined by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her home in Provence in the early hours of June 29, 2019.

The evidence showed that the accused, a family man, reached out to the victim's then husband, Dominique Pelicot, in an online chatroom named “without her consent”, where Pelicot was looking for men to visit his house to rape his wife after he had sedated her into a unconscious state.

“We hope the court will affirm that in this country, human rights are also rights of women – that consent is individual, not delegated,” said Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is received personally and not by proxy from a spouse.”

Background

The ex-husband, a notorious sex offenders in recent French history, was sentenced to two decades in prison last year for drugging his spouse and inviting multiple perpetrators to rape her in her home in the Provence village of Mazan over a span of almost a decade of their marriage.

Dozens of additional defendants were found guilty in a high-profile trial last year, and Dogan was the sole individual to appeal against his verdict. He was originally handed a term to 9 years in prison, a sentence increased on Thursday to ten years.

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

Testimony and Proof

The defendant had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his residence in the region to assault Gisèle Pelicot, after notifying his wife he was going out, the testimony revealed.

Pelicot, who was brought from isolation in prison to briefly provide testimony at the retrial, informed the court that Dogan had understood his wife had been “sedated” and he told to men by phone: “I’m looking for someone to violate my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a focus point for a broader debate on rape culture in society as the defendant continued to claim he was innocent and had not committed rape, contending that because Gisèle Pelicot’s husband had welcomed him into the room, his behavior had been acceptable.

The jury in the Nîmes appeals court was shown visual proof of the victim's unconscious figure, comatose and breathing heavily in a unconscious condition, while a smiling Dogan committed rape repeatedly over a duration of what authorities reported was three and a half hours. The judge said she had been at danger of death by suffocation. The state prosecution said there was no doubt that she had been incapacitated and had not consented.

Dogan's Claims

The defendant informed the court the footage were simply “sexual encounters” and denied it was assault. He said what he did was “a consensual activity”, not assault. He declared the court: “I am innocent of assault.” He said the victim's husband had invited him to the house, 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.”

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

Victim's Response

The victim, who was supported upon exiting the courtroom each day by supporters present to support her, addressed Dogan in court: “You fail to comprehend. When are you going to recognise you raped me? It is unlawful to rape an unconscious woman. When did I ever give you permission? At no time.”

The victim, 72, became an global icon after she waived her right to anonymity in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's failure to take responsibility showed that: “The shame remains. The community is perhaps in the course of that, possibly motivated by the societal understanding resulting from the revelation of your ordeal.”

The prosecutor said the defendant's claims of innocence showed how rape culture was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

Sie told Dogan: “While you refuse to admit it, it’s not just a individual, it’s an entire sordid social system that you are endorsing.”

Biographical Details

Dogan was originated from Turkey and at the age of five came to the nation of France, where his parent worked as a building manager. The court heard that his parent was abusive and that Dogan began smoking cannabis aged ten. When he was 17 he was apprehended by police for drug trafficking and his father forced him to leave of home. He spent time in prison for trafficking in his young adulthood and had worked as a laborer but had undergone periods of living on the streets.

He was married and had a son with special needs, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The testimony revealed his spouse did not know he had frequent intimate relations beyond their union. His legal team said this was his way of coping with his stressful life. The defendant had told a court psychologist that once a year he engaged in commercial sex on his special day. His legal representatives informed the court he had arthritis resulting from the stress of the initial proceedings.