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A man was declared guilty on higher court review of raping Gisèle Pelicot following she was rendered comatose by her spouse – and has had his incarceration period increased to a decade.

Retrial Proceedings

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

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

The testimony revealed that Dogan, a family man, connected with Gisèle Pelicot’s husband at the time, the husband, in an digital platform named “without her consent”, where Pelicot was recruiting men to enter his residence to rape his wife once he had rendered her unconscious into a deep sleep.

“We hope the jury will say loud and clear that in this nation, fundamental rights are also women’s rights – that permission is individual, not delegated,” declared the victim's lawyer, her legal representative. “Consent is secured personally and not by proxy from a spouse.”

Background

The husband, one of the worst sex offenders in modern French history, was sentenced to two decades in prison last year for sedating his spouse and soliciting numerous individuals to rape her in her home in the community of Mazan over a span of many years of their marriage.

Fifty other men were found convicted in a high-profile trial last year, and Dogan was the sole individual to appeal against his verdict. He was first given a sentence to 9 years in prison, a sentence raised on Thursday to ten years.

The chief prosecutor, the prosecutor, had stated he should serve twelve years, because he “completely denies to take any accountability”.

Evidence Presented

The defendant had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his residence in Provence to assault Gisèle Pelicot, after informing his wife he was stepping out, the testimony revealed.

Pelicot, who was brought from isolation in prison to temporarily provide testimony at the hearing, informed the court that the accused had been aware his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a focus point for a larger conversation on sexual violence norms in society as Dogan continued to assert he was not guilty and had not committed rape, stating that because the victim's husband had invited him into the residence, his conduct had been permissible.

The panel in the higher court was shown recorded footage of the victim's unconscious figure, comatose and snoring in a comatose state, while a smiling Dogan engaged in violation repeatedly over a duration of what authorities reported was several hours. The judge said she had been at peril of fatal outcome by asphyxiation. The state's case said there was no question that she had been incapacitated and had not consented.

Defendant's Statements

The defendant told the court the footage were simply “sexual encounters” and disputed it was assault. He said what he did was “an intimate behavior”, not rape. He declared the court: “I did not commit rape.” He said the victim's husband had brought him to the residence, and therefore it was OK. He said he was manipulated by the husband. “I tried to halt,” the accused told the court. “I proceeded because he reassured me.”

Asked if he wanted to make a last words to the court, Dogan said: “I never wanted to harm that lady.”

Victim's Response

The victim, who was cheered upon leaving court each day by onlookers present to support her, told the defendant in court: “You fail to comprehend. When are you going to recognise you assaulted me? It’s a crime to rape an unaware woman. When did I ever give you consent? At no time.”

Gisèle Pelicot, 72, became an global icon after she waived her right to privacy in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, turning to the victim in court, said Dogan’s failure to take accountability showed that: “The shame remains. The community is maybe in the course of that, maybe propelled by the societal understanding resulting from the exposure of your ordeal.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still common in society as part of “outdated” forms of “male domination”. He said: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor told Dogan: “As long as you refuse to admit it, it’s not just a person, it’s an complete disturbing societal structure that you are upholding.”

Biographical Details

The accused was originated from the country of Turkey and at the age of 5 came to France, where his parent worked as a caretaker. The court heard that his father was aggressive and that Dogan began smoking cannabis aged ten. When Dogan was 17 he was apprehended by police for dealing drugs and his parent forced him to leave of home. He served time in prison for narcotics offenses in his early 20s and had worked as a construction worker but had experienced periods of homelessness.

He was married and had a child with a genetic condition, who he was the principal carer for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had regular sexual encounters beyond their union. His defence said this was his strategy for managing with his difficult circumstances. The defendant had told a mental health expert that once a year he looked for transactional encounters on his birthday. His lawyers stated to the court he had arthritis triggered by the anxiety of the original case.