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An individual was declared guilty on appeal of sexually assaulting Gisèle Pelicot following she was rendered comatose by her husband – and has had his incarceration period raised to a decade.

Appeal Trial

The defendant, forty-four, an out-of-work construction worker, who had challenged his first conviction last year, faced a appeal hearing this week at the appeals court in Nîmes.

A jury of five men and four women, sitting with three judges, ruled against Dogan on Thursday of raping Pelicot in her residence in southern France in the morning of June 29, 2019.

The court heard that Dogan, a family man, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum titled “unbeknownst to her”, where Pelicot was looking for men to visit his house to assault his wife once he had drugged her into a deep sleep.

“We hope the panel will affirm that in this nation, human rights are also rights of women – that agreement is individual, not transferred,” said the victim's lawyer, her legal representative. “Agreement is received directly and not by proxy from a husband.”

Case History

The ex-husband, one of the worst sex offenders in France's contemporary records, was given a prison term to twenty years in prison last year for sedating his wife at the time and soliciting dozens of men to sexually assault her in her home in the town of Mazan over a period of nearly ten years of their marriage.

Dozens of additional defendants were found culpable in a notable trial last year, and Dogan was the single defendant to appeal against his sentence. He was originally sentenced to 9 years in prison, a penalty increased on Thursday to 10 years.

The chief prosecutor, the prosecutor, had argued he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

Dogan had first sent Dominique Pelicot graphic images and then driven an hour from his residence in Provence to assault Gisèle Pelicot, after informing his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from segregation in prison to temporarily testify at the retrial, informed the court that the accused had been aware his wife had been “incapacitated” and he told to men by phone: “I want someone to violate my wife after I’ve put her to sleep without her knowledge.”

The courtroom became a focus point for a larger conversation on rape culture in society as the defendant continued to say he was not guilty and had not perpetrated assault, contending that because the victim's husband had invited him into the residence, his behavior had been permissible.

The jury in the higher court was displayed visual proof of the victim's unresponsive form, comatose and snoring in a comatose state, while a smiling Dogan performed assault repeatedly over a duration of what authorities reported was 3.5 hours. The presiding judge said she had been at peril of death by choking. The state prosecution said there was absolute certainty that she had been unconscious and had not consented.

Defendant's Statements

The defendant informed the court the videos were simply “sex scenes” and rejected it was rape. He said what he did was “an intimate behavior”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was permissible. He said he was influenced by the husband. “I attempted to cease,” Dogan stated to the court. “I carried on because he convinced me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to hurt that individual.”

Victim's Response

The victim, who was cheered upon departing the trial each day by supporters assembled to stand with her, said to Dogan in court: “You haven’t understood. When are you going to recognise you assaulted me? It’s a crime to assault an unconscious woman. At what point did I give you permission? Not once.”

The victim, 72, became an global icon after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, speaking to Gisèle Pelicot in court, said the defendant's refusal to take blame showed that: “The shame remains. The public is perhaps in the course of that, perhaps propelled by the public consciousness brought by the publication of your case.”

The prosecutor said the defendant's claims of non-guilt showed how rape culture was still common in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change rape culture to a ethos of permission.”

Sie told Dogan: “While you deny it, it’s not just a woman, it’s an complete unpleasant societal structure that you are upholding.”

Defendant's Background

Dogan was born in Turkey and at the age of 5 moved to the nation of France, where his parent worked as a caretaker. The testimony revealed that his parent was aggressive and that Dogan began using drugs aged 10. When he was 17 he was caught by authorities for dealing drugs and his father kicked him out the residence. He served time in prison for narcotics offenses in his young adulthood and had worked as a builder but had undergone periods of being unhoused.

He was wed and had a son with special needs, who he was the main caregiver for, as his wife worked in a institution's dining hall. The testimony revealed his spouse did not know he had regular sexual encounters outside their marriage. His defence said this was his method of dealing with his stressful life. The defendant had told a evaluator that annually he sought transactional encounters on his birthday. His lawyers told the court he had joint inflammation caused by the stress of the initial proceedings.