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A defendant has been found guilty on higher court review of raping Gisele Pelicot after she was rendered comatose by her then-husband – and has had his incarceration period extended to a decade.

Appeal Trial

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

A jury of five men and four women, joined by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her bedroom in southern France in the early hours of June 29, 2019.

The evidence showed that Dogan, a married father, connected with the victim's husband at the time, Dominique Pelicot, in an online chatroom titled “without her consent”, where the husband was seeking men to come to his home to rape his wife after he had rendered her unconscious into a comatose state.

We trust the panel will declare that in this society, fundamental rights are also women’s rights – that agreement is individual, not given by another,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Consent is obtained directly and not via a representative from a husband.”

Background

The husband, one of the worst sex offenders in recent French history, was given a prison term to two decades in prison last year for sedating his wife at the time and inviting dozens of men to rape her in her home in the community of the village of Mazan over a period of many years of their union.

Fifty other men were found guilty in a widely publicized trial last year, and Dogan was the sole individual to challenge his verdict. He was initially handed a term to nine years in prison, a sentence enhanced on Thursday to a decade.

The lead state prosecutor, the prosecutor, had argued he should serve 12 years, because he “completely denies to take any blame”.

Courtroom Details

The defendant had initially sent the husband sexually explicit photos and then driven an hour from his residence in the region to rape Gisèle Pelicot, after telling his wife he was leaving, the evidence indicated.

Pelicot, who was brought from solitary confinement in prison to briefly give evidence at the appeal trial, told the court that the accused had known his wife had been “sedated” and he communicated to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

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

The jury in the higher court was shown recorded footage of Gisèle Pelicot’s limp body, comatose and snoring in a comatose state, while a smiling the perpetrator performed assault on several occasions over a period of what investigators stated was several hours. The presiding judge said she had been at peril of death by asphyxiation. The state prosecution said there was no doubt that she had been unaware and had not agreed.

Accused's Testimony

Dogan told the court the recordings were simply “intimate moments” and denied it was assault. He said what he did was “a sexual act”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was OK. He said he was influenced by the husband. “I attempted to cease,” the accused informed the court. “I carried on because he persuaded me.”

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

Pelicot's Words

The victim, who was supported upon exiting the courtroom each day by supporters gathered to stand with her, told Dogan in court: “You fail to comprehend. When are you going to recognise you violated me? It’s a crime to assault an incapacitated woman. How could I have give you agreement? At no time.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, turning to the victim in court, said the defendant's failure to take accountability showed that: “The shame remains. The public is possibly in the process of that, maybe propelled by the public consciousness resulting from the publication of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance was still prevalent in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change rape culture to a society based on agreement.”

The prosecutor told the defendant: “As long 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

The accused was born in the country of Turkey and at the age of 5 came to the nation of France, where his father worked as a concierge. The evidence indicated that his father was aggressive and that the defendant began using drugs at the age of ten. When he was 17 he was stopped by authorities for selling narcotics and his parent kicked him out the family house. He served time in prison for trafficking in his early 20s and had worked as a builder but had undergone periods of being unhoused.

He was married and had a son with a genetic condition, who he was the principal carer for, as his wife worked in a educational cafeteria. The testimony revealed his wife did not know he had repeated extramarital activities beyond their union. His defence said this was his method of dealing with his stressful life. The defendant had stated to a mental health expert that each year he engaged in commercial sex on his birthday. His lawyers informed the court he had a medical condition resulting from the stress of the initial proceedings.