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An individual was convicted on appeal of raping Gisele Pelicot following she was rendered comatose by her spouse – and has had his jail term increased to 10 years.

Higher Court Case

The defendant, 44, an unemployed builder, who had challenged his first conviction last year, underwent a new trial this week at the higher court in Nîmes.

A panel of nine jurors, sitting with three judges, ruled against Dogan on Thursday of raping the victim in her residence in the south of France in the early hours of 29 June 2019.

The evidence showed that Dogan, a married father, reached out to Gisèle Pelicot’s spouse, Dominique Pelicot, in an online chatroom named “without her knowledge”, where Pelicot was seeking men to enter his residence to rape his wife once he had rendered her unconscious into a unconscious state.

We expect the court will declare that in this society, fundamental rights are also women’s rights – that consent is personal, not transferred,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Permission is secured directly and not via a representative from a husband.”

Context

The ex-husband, a notorious sexual predators in modern French history, was handed a sentence to 20 years in prison last year for incapacitating his spouse and inviting multiple perpetrators to sexually assault her in her home in the community of Mazan over a period of many years of their union.

Fifty other men were found convicted in a notable trial last year, and the appellant was the single defendant to contest his verdict. He was originally given a sentence to nine years in prison, a sentence enhanced on Thursday to ten years.

The chief prosecutor, Dominique Sie, had argued he should serve 12 years, because he “completely denies to take any responsibility”.

Evidence Presented

Dogan had initially sent the husband inappropriate pictures and then traveled an hour from his village in the region to rape the victim, after telling his wife he was stepping out, the evidence indicated.

Pelicot, who was transported from isolation in prison to temporarily give evidence at the appeal trial, told the court that the accused had understood his wife had been “drugged” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a central issue for a wider discussion on sexual violence norms in society as the defendant continued to assert he was innocent and had not committed rape, stating that because Gisèle Pelicot’s husband had allowed him into the bedroom, his behavior had been acceptable.

The jury in the higher court was shown video evidence of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a comatose state, while a smiling Dogan performed assault on several occasions over a period of what investigators stated was several hours. The court official said she had been at danger of death by choking. The prosecution said there was no doubt that she had been unconscious and had not given permission.

Defendant's Statements

The defendant told the court the videos were simply “sexual encounters” and disputed it was assault. He said what he did was “an intimate behavior”, not rape. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was acceptable. He said he was deceived by the husband. “I attempted to cease,” the accused told the court. “I carried on because he convinced me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I never wanted to hurt that individual.”

Pelicot's Words

The survivor, who was supported upon exiting the courtroom each day by crowds present to back her, told Dogan in court: “You do not grasp. When will you admit you assaulted me? It’s a crime to assault an unconscious woman. At what point did I give you consent? Never.”

The victim, seventy-two, became an international feminist hero after she relinquished her right to privacy in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, addressing the victim in court, said Dogan’s refusal to take accountability showed that: “The shame remains. Society is perhaps in the course of that, possibly driven by the collective awareness spurred by the publication of your case.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still common in society as part of “archaic” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a society based on agreement.”

The prosecutor said to Dogan: “For as much as you refuse to admit it, it’s not just a individual, it’s an whole disturbing social system that you are endorsing.”

Personal History

The accused was born in the country of Turkey and at the age of five relocated to the nation of France, where his father worked as a building manager. The testimony revealed that his parent was abusive and that the defendant began consuming marijuana at the age of ten. When he was 17 he was stopped by authorities for dealing drugs and his father kicked him out the residence. He served time in prison for trafficking in his twenties and had worked as a construction worker but had undergone periods of homelessness.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The testimony revealed his spouse did not know he had frequent extramarital activities beyond their marriage. His defence said this was his strategy for managing with his challenging existence. Dogan had told a court psychologist that each year he looked for commercial sex on his birthday. His attorneys stated to the court he had a medical condition resulting from the anxiety of the initial proceedings.