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

Higher Court Case

The defendant, forty-four, an unemployed builder, who had appealed his initial guilty verdict last year, faced a retrial this week at the appeals court in Nîmes.

A jury of four women and five men, joined by three judges, ruled against Dogan on Thursday of raping Pelicot in her bedroom in the south of France in the morning of 29 June 2019.

The testimony revealed that Dogan, a family man, made contact with Gisèle Pelicot’s then husband, the husband, in an online chatroom called “unbeknownst to her”, where the husband was seeking men to enter his residence to rape his wife once he had drugged her into a unconscious state.

“We hope the jury will declare that in this country, fundamental rights are also women’s rights – that consent is personal, not delegated,” said Gisèle Pelicot’s lawyer, her legal representative. “Agreement is received directly and not through someone else from a husband.”

Context

The ex-husband, a notorious sex offenders in recent French history, was sentenced to 20 years in prison last year for drugging his wife at the time and inviting numerous individuals to sexually assault her in her home in the Provence village of Mazan over a period of nearly ten years of their marriage.

Fifty other men were found guilty in a widely publicized trial last year, and the appellant was the sole individual to appeal against his verdict. He was first handed a term to 9 years in prison, a sentence increased on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had stated he should serve twelve years, because he “completely denies to take any blame”.

Evidence Presented

The defendant had first sent Dominique Pelicot graphic images and then driven an hour from his residence in the region to rape Gisèle Pelicot, after notifying his wife he was stepping out, the court heard.

Pelicot, who was brought from solitary confinement in prison to temporarily provide testimony at the retrial, told the court that the accused had been aware his wife had been “incapacitated” and he communicated to men by phone: “I want someone to assault my wife after I’ve put her to sleep without her knowledge.”

The proceedings 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 engaged in violation, contending that because Gisèle Pelicot’s husband had welcomed him into the residence, his behavior had been acceptable.

The jury in the Nîmes appeals court was displayed recorded footage of the victim's unconscious figure, comatose and snoring in a deep sleep, while a grinning the perpetrator performed assault on several occasions over a duration of what police said was three and a half hours. The court official said she had been at peril of death by choking. The state's case said there was no doubt that she had been unaware and had not consented.

Accused's Testimony

Dogan stated to the court the videos were simply “sex scenes” and disputed it was assault. He said what he did was “a sexual act”, not rape. He declared the court: “I did not commit rape.” He said the victim's husband had brought him to the house, and therefore it was acceptable. He said he was deceived by the husband. “I attempted to cease,” Dogan stated to the court. “I carried on because he convinced me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I had no desire to hurt that individual.”

Survivor's Statement

The survivor, who was cheered upon exiting the courtroom each day by crowds present to back her, told Dogan in court: “You fail to comprehend. When are you going to recognise you violated 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 symbol of resistance after she relinquished her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s failure to take accountability showed that: “Guilt has not shifted. Society is perhaps in the course of that, maybe propelled by the societal understanding resulting from the publication of your ordeal.”

Sie said Dogan’s claims of innocence showed how societal tolerance was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

The prosecutor said to Dogan: “As long as you reject it, it’s not just a individual, it’s an complete disturbing societal structure that you are supporting.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of five relocated to France, where his parent worked as a caretaker. The court heard that his parent was violent and that Dogan began using drugs aged 10. When Dogan was seventeen he was caught by authorities for drug trafficking and his parent forced him to leave of home. He served time in prison for trafficking in his early 20s and had worked as a construction worker but had experienced periods of being unhoused.

He was wed and had a child with special needs, who he was the principal carer for, as his wife worked in a institution's dining hall. The court heard his spouse did not know he had regular extramarital activities beyond their marriage. His legal team said this was his strategy for managing with his challenging existence. The defendant had stated to a mental health expert that annually he looked for paid sex on his special day. His legal representatives stated to the court he had joint inflammation triggered by the pressure of the first trial.