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An individual was declared guilty on higher court review of raping Gisele Pelicot after she was rendered comatose by her spouse – and was given his prison sentence increased to 10 years.

Appeal Trial

Dogan, forty-four, an unemployed builder, who had challenged his first conviction last year, underwent a new trial this week at the Nîmes court of appeal.

A panel of four women and five men, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her bedroom in the south of France in the early hours of 29 June 2019.

The testimony revealed that the accused, a married father, reached out to Gisèle Pelicot’s then husband, the husband, in an online chatroom called “without her consent”, where the husband was looking for men to visit his house to rape his wife after he had sedated her into a unconscious state.

We trust the court will declare that in this society, human rights are also women’s rights – that consent is individual, not delegated,” declared the victim's attorney, her legal representative. “Agreement is secured directly and not through someone else from a husband.”

Context

The ex-husband, one of the worst sexual predators in modern French history, was given a prison term to two decades in prison last year for drugging his then wife and inviting dozens of men to rape her in her home in the community of the village of Mazan over a period of almost a decade of their marriage.

Dozens of additional defendants were found guilty in a notable trial last year, and the appellant was the sole individual to contest his sentence. He was first given a sentence to 9 years in prison, a penalty enhanced on Thursday to a decade.

The state's attorney, Dominique Sie, had argued he should serve 12 years, because he “stubbornly rejects to take any blame”.

Testimony and Proof

Dogan had first sent Dominique Pelicot graphic images and then traveled an hour from his town in the region to rape the victim, after notifying his wife he was stepping out, the testimony revealed.

The ex-husband, who was transported from isolation in prison to temporarily provide testimony at the hearing, told the court that the accused had known his wife had been “drugged” and he said to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a key topic for a wider discussion on rape culture in society as Dogan continued to claim he was blameless and had not engaged in violation, contending that because the victim's husband had allowed him into the room, his behavior had been acceptable.

The jury in the Nîmes appeals court was presented with visual proof of Gisèle Pelicot’s limp body, comatose and breathing heavily in a comatose state, while a grinning Dogan engaged in violation multiple times over a period 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 unconscious and had not agreed.

Defendant's Statements

Dogan informed the court the footage were simply “sex scenes” 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 the victim's husband had invited him to the residence, and therefore it was OK. He said he was influenced by the husband. “I wanted to stop,” the accused stated to the court. “I proceeded because he persuaded me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I never wanted to injure that woman.”

Victim's Response

Gisèle Pelicot, who was supported upon leaving court each day by crowds gathered to back her, addressed the defendant in court: “You haven’t understood. When will you acknowledge you raped me? It’s a crime to rape an unconscious woman. When did I ever give you agreement? Never.”

The victim, seventy-two, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “The shame remains. Society is possibly in the course of that, perhaps motivated by the societal understanding spurred by the publication of your case.”

The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a culture of consent.”

The prosecutor addressed Dogan: “For as much as you deny it, it’s not just a woman, it’s an complete disturbing societal structure that you are supporting.”

Personal History

Dogan was born in the country of Turkey and at the age of five came to France, where his father worked as a concierge. The testimony revealed that his father was aggressive and that Dogan began smoking cannabis aged ten. When Dogan was 17 he was apprehended by police for dealing drugs and his father evicted him the family house. He was incarcerated in prison for trafficking in his twenties and had worked as a construction worker but had faced periods of being unhoused.

He was married and had a child with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a school canteen. The court heard his wife did not know he had frequent extramarital activities beyond their marriage. His legal team said this was his strategy for managing with his stressful life. Dogan had informed a evaluator that annually he looked for paid sex on his special day. His legal representatives told the court he had a medical condition triggered by the stress of the initial proceedings.