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An individual was declared guilty on higher court review of raping Gisele Pelicot after she was rendered comatose by her then-husband – and has had his incarceration period increased to 10 years.

Appeal Trial

The defendant, 44, an out-of-work construction worker, who had appealed his first conviction last year, experienced a new trial this week at the Nîmes court of appeal.

A panel of four women and five men, joined by three judges, convicted Dogan on Thursday of raping Pelicot in her bedroom in Provence in the early hours of 29 June 2019.

The testimony revealed that the accused, a family man, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform named “unbeknownst to her”, where the husband was recruiting men to visit his house to rape his wife once he had drugged her into a unconscious state.

“We hope the court will say loud and clear that in this country, human rights are also rights of women – that consent is personal, not delegated,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is obtained directly and not by proxy from a spouse.”

Background

The ex-husband, one of the worst sex offenders in France's contemporary records, was sentenced to twenty years in prison last year for sedating his spouse and soliciting dozens of men to rape her in her home in the Provence village of the village of Mazan over a span of almost a decade 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 originally handed a term to 9 years in prison, a penalty increased on Thursday to a decade.

The lead state prosecutor, the prosecutor, had stated he should serve 12 years, because he “absolutely refuses to take any blame”.

Testimony and Proof

The defendant had first sent the husband graphic images and then traveled an hour from his town in Provence to assault the victim, after notifying his wife he was going out, the testimony revealed.

Pelicot, who was transported from solitary confinement in prison to temporarily give evidence at the hearing, informed the court that the accused had understood his wife had been “sedated” and he communicated to men by phone: “I seek someone to violate my wife after I’ve sedated her unbeknownst to her.”

The proceedings became a central issue for a wider discussion on sexual violence norms in society as Dogan continued to assert he was not guilty and had not committed rape, arguing that because the victim's husband had invited him into the room, his actions had been justifiable.

The panel in the higher court was presented with video evidence of the victim's limp body, sedated and snoring in a unconscious condition, while a grinning the perpetrator performed assault repeatedly over a timeframe of what police said was three and a half hours. The court official said she had been at peril of death by suffocation. The state's case said there was no question that she had been unaware and had not agreed.

Dogan's Claims

Dogan stated to the court the videos were simply “sexual encounters” and denied it was violation. 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 invited him to the home, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan told the court. “I carried on because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to injure that woman.”

Victim's Response

Gisèle Pelicot, who was supported upon departing the trial each day by onlookers present to stand with her, addressed Dogan in court: “You haven’t understood. When will you admit you raped me? It’s a crime to rape an unconscious woman. When did I ever give you consent? Never.”

Gisèle Pelicot, 72, became an international feminist hero after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, turning to Gisèle Pelicot in court, said Dogan’s refusal to take accountability showed that: “Guilt has not shifted. The public is possibly in the process of that, maybe driven by the societal understanding brought by the exposure of your case.”

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 “male domination”. He said: “We need to change rape culture to a society based on agreement.”

Sie told the defendant: “While you deny it, it’s not just a individual, it’s an complete unpleasant social system that you are upholding.”

Personal History

Dogan was originated from the country of Turkey and at the age of 5 moved to France, where his parent worked as a caretaker. The court heard that his father was violent and that the defendant began consuming marijuana aged ten. When he was seventeen he was caught by authorities for drug trafficking and his father evicted him 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 living on the streets.

He was wed and had a child with special needs, who he was the main caregiver for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had regular extramarital activities beyond their union. His legal team said this was his strategy for managing with his difficult circumstances. The defendant had told a mental health expert that each year he sought paid sex on his birthday. His legal representatives stated to the court he had a medical condition triggered by the stress of the original case.