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A defendant was convicted on higher court review of raping Gisèle Pelicot following she was rendered comatose by her spouse – and has had his prison sentence increased to a decade.

Higher Court Case

Dogan, forty-four, an unemployed builder, who had contested his initial guilty verdict last year, underwent a new trial this week at the appeals court in Nîmes.

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

The evidence showed that Dogan, a married father, made contact with the victim's then husband, the husband, in an online chatroom titled “unbeknownst to her”, where the husband was looking for men to enter his residence to assault his wife once he had sedated her into a unconscious state.

We trust the jury will declare that in this country, human rights are also women’s rights – that agreement is personal, not transferred,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is received directly and not by proxy from a husband.”

Context

The husband, a notorious sex offenders in recent French history, was given a prison term to 20 years in prison last year for incapacitating his wife at the time and bringing in dozens of men to rape her in her home in the Provence village of the village of Mazan over a period of nearly ten years of their marriage.

Fifty other men were found convicted in a high-profile trial last year, and the appellant was the only man to appeal against his conviction. He was initially handed a term to nine years in prison, a penalty enhanced on Thursday to ten years.

The state's attorney, Dominique Sie, had stated he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Evidence Presented

The defendant had initially sent the husband inappropriate pictures and then traveled an hour from his village in Provence to rape the victim, after notifying his wife he was leaving, the evidence indicated.

Pelicot, who was brought from segregation in prison to temporarily provide testimony at the appeal trial, stated to the court that the accused had been aware his wife had been “drugged” and he told to men by phone: “I seek someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a focus point for a larger conversation on sexual violence norms in society as the defendant continued to say he was innocent and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his conduct had been justifiable.

The jury in the higher court was shown recorded footage of the victim's unresponsive form, comatose and breathing heavily in a comatose state, while a grinning Dogan committed rape on several occasions over a timeframe of what police said was several hours. The judge said she had been at risk of death by suffocation. The state prosecution said there was no doubt that she had been incapacitated and had not given permission.

Defendant's Statements

The defendant told the court the videos were simply “sex scenes” and rejected it was rape. He said what he did was “a consensual activity”, not assault. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I continued because he convinced me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I did not intend to harm that lady.”

Victim's Response

The victim, who was applauded upon leaving court each day by supporters gathered to stand with her, said to the defendant in court: “You fail to comprehend. When will you admit you assaulted me? It’s a crime to rape an incapacitated woman. At what point did I give you permission? Never.”

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

State's Argument

The prosecutor, addressing the victim in court, said Dogan’s failure to take accountability showed that: “Guilt has not shifted. The public is maybe in the process of that, possibly driven by the collective awareness brought by the exposure of your case.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “We need to change rape culture to a society based on agreement.”

The prosecutor told the defendant: “While you refuse to admit it, it’s not just a woman, it’s an complete unpleasant social system that you are supporting.”

Personal History

The accused was originated from Turkey and at the age of 5 moved to the nation of France, where his parent worked as a concierge. The court heard that his father was aggressive and that the defendant began using drugs aged ten. When he was seventeen he was caught by police for dealing drugs and his parent evicted him the residence. He spent time in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had experienced periods of living on the streets.

He was wed and had a son with a genetic condition, who he was the primary guardian for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had frequent extramarital activities outside their union. His legal team said this was his strategy for managing with his challenging existence. Dogan had informed a evaluator that each year he looked for transactional encounters on his special day. His legal representatives told the court he had joint inflammation resulting from the anxiety of the initial proceedings.