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An individual was convicted on appeal of raping Gisèle Pelicot after she was rendered comatose by her spouse – and has had his prison sentence raised to a decade.

Higher Court Case

The defendant, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, experienced a retrial this week at the higher court in Nîmes.

A jury of four women and five men, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her bedroom in southern France in the morning of 29 June 2019.

The court heard that Dogan, a married father, connected with Gisèle Pelicot’s spouse, the husband, in an digital platform titled “without her knowledge”, where Pelicot was recruiting men to enter his residence to assault his wife after he had drugged her into a deep sleep.

We expect the jury will declare that in this country, human rights are also women’s rights – that permission is individual, not delegated,” stated the victim's lawyer, Antoine Camus. “Permission is obtained directly and not via a representative from a husband.”

Context

Dominique Pelicot, one of the worst sex offenders in modern French history, was given a prison term to twenty years in prison last year for drugging his spouse and bringing in multiple perpetrators to rape her in her home in the town of Mazan over a span of many years of their marriage.

Numerous other individuals were found guilty in a notable trial last year, and the appellant was the single defendant to appeal against his sentence. He was initially given a sentence to nine years in prison, a sentence enhanced on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had argued he should serve twelve years, because he “completely denies to take any responsibility”.

Courtroom Details

The defendant had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his town in the region to assault the victim, after notifying his wife he was going out, the evidence indicated.

Pelicot, who was brought from isolation in prison to briefly provide testimony at the retrial, informed the court that the accused had been aware his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her consent.”

The proceedings became a focus point for a broader debate on societal attitudes in society as Dogan continued to say he was blameless and had not engaged in violation, contending that because the victim's husband had welcomed him into the residence, his behavior had been justifiable.

The jury in the higher court was shown recorded footage of the victim's limp body, comatose and snoring in a unconscious condition, while a smiling Dogan committed rape multiple times over a period of what investigators stated was three and a half hours. The presiding judge said she had been at danger of death by suffocation. The state's case said there was absolute certainty that she had been incapacitated and had not given permission.

Defendant's Statements

Dogan stated to 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 told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was permissible. He said he was influenced by the husband. “I attempted to cease,” Dogan told the court. “I proceeded because he reassured me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I did not intend to hurt that individual.”

Victim's Response

The victim, who was supported upon leaving court each day by crowds assembled to back her, told Dogan in court: “You haven’t understood. When are you going to recognise you violated me? It’s a crime to assault an incapacitated woman. When did I ever give you agreement? Not once.”

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

Prosecutor's Remarks

The prosecutor, addressing the victim in court, said Dogan’s refusal to take blame showed that: “Shame has not yet changed sides. Society is possibly in the course of that, maybe motivated by the collective awareness brought by the revelation of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “Now we must change rape culture to a society based on agreement.”

The prosecutor said to Dogan: “While you deny it, it’s not just a person, it’s an whole disturbing social system that you are endorsing.”

Personal History

Dogan was originated from the country of Turkey and at the age of five relocated to France, where his father worked as a building manager. The evidence indicated that his father was violent and that Dogan began using drugs aged ten. When he was 17 he was caught by police for selling narcotics and his parent evicted him the residence. He served time in prison for trafficking in his young adulthood and had worked as a builder but had undergone periods of being unhoused.

He was married and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The court heard his spouse did not know he had frequent extramarital activities beyond their union. His legal team said this was his method of dealing with his challenging existence. Dogan had informed a court psychologist that annually he sought transactional encounters on his birthday. His legal representatives informed the court he had joint inflammation triggered by the anxiety of the initial proceedings.