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A defendant was declared guilty on appeal of sexually assaulting Gisele Pelicot following she was rendered comatose by her spouse – and has had his incarceration period increased to a decade.

Higher Court Case

Dogan, forty-four, an out-of-work construction worker, who had challenged his initial guilty verdict last year, underwent a appeal hearing this week at the appeals court in Nîmes.

A panel of four women and five men, sitting with three judges, found Dogan guilty on Thursday of raping the victim in her home in the south of France in the early hours of 29 June 2019.

The evidence showed that the accused, a family man, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum called “without her consent”, where Pelicot was seeking men to enter his residence to assault his wife once he had drugged her into a comatose state.

“We hope the court will declare that in this nation, human rights are also women’s rights – that permission is personal, not given by another,” stated the victim's lawyer, Antoine Camus. “Permission is obtained personally and not by proxy from a husband.”

Context

The ex-husband, among the most severe sex offenders in modern French history, was given a prison term to two decades in prison last year for sedating his spouse and soliciting multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a span of nearly ten years of their marriage.

Fifty other men were found culpable in a notable trial last year, and Dogan was the only man to challenge his sentence. He was originally given a sentence to 9 years in prison, a penalty increased on Thursday to ten years.

The lead state prosecutor, the prosecutor, had stated he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in Provence to rape the victim, after informing his wife he was stepping out, the evidence indicated.

The ex-husband, who was transported from segregation in prison to briefly give evidence at the appeal trial, informed the court that Dogan had been aware his wife had been “drugged” and he told to men by phone: “I want someone to violate my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a focus point for a wider discussion on rape culture in society as Dogan continued to say he was blameless and had not committed rape, contending that because Gisèle Pelicot’s husband had invited him into the bedroom, his actions had been acceptable.

The panel in the higher court was displayed visual proof of the victim's limp body, sedated and breathing heavily in a comatose state, while a smiling Dogan committed rape multiple times over a timeframe of what investigators stated was several hours. The judge said she had been at danger of fatal outcome by suffocation. The prosecution said there was absolute certainty that she had been unaware and had not agreed.

Dogan's Claims

Dogan told the court the footage were simply “intimate moments” and rejected it was violation. He said what he did was “a sexual act”, not assault. He told the court: “I never raped.” He said the victim's husband had brought him to the house, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I tried to halt,” the accused told the court. “I carried on because he reassured me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to harm that individual.”

Pelicot's Words

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by supporters assembled to back her, said to Dogan in court: “You do not grasp. When will you acknowledge you assaulted me? It’s a crime to rape an unaware woman. When did I ever give you agreement? At no time.”

Gisèle Pelicot, 72, became an international feminist hero after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, turning to the victim in court, said Dogan’s failure to take responsibility showed that: “The shame remains. The community is perhaps in the midst of that, perhaps propelled by the public consciousness brought by the revelation of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change rape culture to a ethos of permission.”

The prosecutor said to the defendant: “While you refuse to admit it, it’s not just a woman, it’s an entire disturbing cultural framework that you are upholding.”

Biographical Details

Dogan was born in the country of Turkey and at the age of 5 moved to the nation of France, where his father worked as a concierge. The evidence indicated that his parent was aggressive and that Dogan began using drugs aged 10. When he was 17 he was apprehended by police for selling narcotics and his parent forced him to leave of home. He was incarcerated in prison for trafficking in his early 20s and had worked as a builder but had experienced periods of living on the streets.

He was married and had a son with special needs, who he was the principal carer for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had frequent extramarital activities outside their union. His legal team said this was his way of coping with his challenging existence. The defendant had informed a mental health expert that annually he engaged in commercial sex on his birthday. His legal representatives stated to the court he had a medical condition triggered by the pressure of the original case.