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A man has been found guilty on higher court review of sexually assaulting Gisele Pelicot following she was rendered comatose by her husband – and has had his prison sentence raised to a decade.

Retrial Proceedings

Dogan, forty-four, an out-of-work construction worker, who had appealed his initial guilty verdict last year, experienced a appeal hearing this week at the Nîmes court of appeal.

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

The testimony revealed that Dogan, a family man, reached out to the victim's then husband, Dominique Pelicot, in an online chatroom called “without her consent”, where the husband was recruiting men to enter his residence to assault his wife after he had sedated her into a unconscious state.

“We hope the court will declare that in this society, human rights are also women’s rights – that permission is individual, not transferred,” said Gisèle Pelicot’s lawyer, her legal representative. “Consent is received personally and not by proxy from a spouse.”

Background

The ex-husband, a notorious sex offenders in recent French history, was handed a sentence to twenty years in prison last year for incapacitating his wife at the time and bringing in multiple perpetrators to sexually assault her in her home in the community of Mazan over a period of nearly ten years of their marriage.

Numerous other individuals were found guilty in a widely publicized trial last year, and the appellant was the only man to appeal against his verdict. He was originally sentenced to nine years in prison, a punishment increased on Thursday to ten years.

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

Courtroom Details

The defendant had initially sent Dominique Pelicot graphic images and then traveled an hour from his village in the region to assault the victim, after telling his wife he was going out, the evidence indicated.

The ex-husband, who was transported from solitary confinement in prison to briefly testify at the hearing, informed the court that Dogan had been aware his wife had been “drugged” and he said to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a central issue for a wider discussion on rape culture in society as the defendant continued to say he was blameless and had not committed rape, contending that because the victim's husband had allowed him into the bedroom, his behavior had been acceptable.

The panel in the Nîmes appeals court was presented with recorded footage of the victim's unresponsive form, comatose and snoring in a comatose state, while a smiling Dogan committed rape multiple times over a duration of what investigators stated was 3.5 hours. The judge said she had been at risk of death by suffocation. The state's case said there was absolute certainty that she had been unaware and had not agreed.

Accused's Testimony

Dogan told the court the footage were simply “sexual encounters” and rejected it was rape. He said what he did was “an intimate behavior”, not rape. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was acceptable. He said he was manipulated by the husband. “I attempted to cease,” the accused stated to the court. “I continued because he persuaded me.”

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

Pelicot's Words

The survivor, who was cheered upon departing the trial each day by onlookers present to support her, addressed Dogan in court: “You fail to comprehend. When will you acknowledge you raped me? It’s a crime to rape an unaware woman. When did I ever give you consent? At no time.”

The victim, 72, became an global icon after she relinquished her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, addressing the victim in court, said Dogan’s unwillingness to take accountability showed that: “The shame remains. The community is possibly in the process of that, perhaps motivated by the societal understanding resulting from the revelation of your situation.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still common 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 said to Dogan: “For as much as you reject it, it’s not just a individual, it’s an complete disturbing social system that you are endorsing.”

Personal History

Dogan was originated from Turkey and at the age of five moved to France, where his parent worked as a building manager. The evidence indicated that his father was abusive and that the defendant began smoking cannabis at the age of 10. When he was 17 he was caught by authorities for dealing drugs and his father kicked him out the family house. He was incarcerated in prison for drug dealing in his early 20s and had worked as a builder but had experienced periods of homelessness.

He was married and had a child with Down’s syndrome, who he was the principal carer for, as his spouse worked in a institution's dining hall. The testimony revealed his spouse did not know he had repeated intimate relations outside their marriage. His defence said this was his way of coping with his stressful life. Dogan had told a mental health expert that once a year he sought commercial sex on his birthday. His legal representatives stated to the court he had joint inflammation resulting from the stress of the original case.