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A defendant was convicted on appeal of raping Gisèle Pelicot after she was rendered comatose by her spouse – and was given his incarceration period raised to ten years.

Appeal Trial

The defendant, forty-four, an unemployed builder, who had contested his first conviction last year, experienced a new trial this week at the Nîmes court of appeal.

A jury of five men and four women, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her home in the south of France in the morning of June 29, 2019.

The testimony revealed that the accused, a married father, connected with Gisèle Pelicot’s husband at the time, the husband, in an internet forum named “without her consent”, where Pelicot was looking for men to enter his residence to rape his wife after he had drugged her into a comatose state.

We trust the jury will say loud and clear that in this society, human rights are also rights of women – that permission is individual, not transferred,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is obtained directly and not via a representative from a spouse.”

Context

The husband, one of the worst sex offenders in recent French history, was given a prison term to twenty years in prison last year for incapacitating his spouse and bringing in numerous individuals to rape her in her home in the Provence village of the village of Mazan over a span of many years of their union.

Fifty other men were found culpable in a high-profile trial last year, and Dogan was the sole individual to contest his verdict. He was first sentenced to 9 years in prison, a sentence enhanced 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 accountability”.

Courtroom Details

Dogan had first sent the husband inappropriate pictures and then traveled an hour from his village in the region to rape the victim, after notifying his wife he was going out, the testimony revealed.

The ex-husband, who was brought from solitary confinement in prison to temporarily testify at the hearing, stated to the court that Dogan had understood his wife had been “drugged” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her consent.”

The trial became a key topic for a larger conversation on societal attitudes in society as the defendant continued to assert he was not guilty and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had allowed him into the residence, his actions had been justifiable.

The jury in the higher court was presented with video evidence of the victim's limp body, sedated and breathing heavily in a deep sleep, while a grinning Dogan committed rape repeatedly over a timeframe of what investigators stated was three and a half hours. The judge said she had been at peril of death by choking. The prosecution said there was absolute certainty that she had been incapacitated and had not given permission.

Accused's Testimony

Dogan informed the court the footage were simply “intimate moments” and rejected it was rape. He said what he did was “a sexual act”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I continued because he reassured me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I never wanted to harm that individual.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by onlookers assembled to support her, told Dogan in court: “You do not grasp. When will you admit you assaulted me? It’s a crime to assault an incapacitated woman. When did I ever give you consent? At no time.”

Gisèle Pelicot, 72, became an international feminist hero after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, turning to the victim in court, said the defendant's refusal to take accountability showed that: “The shame remains. The community is perhaps in the course of that, maybe motivated by the societal understanding brought by the exposure of your situation.”

Sie said the defendant's claims of innocence showed how rape culture was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

Sie addressed Dogan: “As long as you reject it, it’s not just a person, it’s an complete disturbing cultural framework that you are supporting.”

Defendant's Background

Dogan was born in Turkey and at the age of 5 came to France, where his parent worked as a caretaker. The evidence indicated that his parent was violent and that Dogan began smoking cannabis aged 10. When Dogan was seventeen he was apprehended by police for drug trafficking and his father forced him to leave of home. He spent time in prison for drug dealing in his early 20s and had worked as a laborer but had faced periods of living on the streets.

He was married and had a child with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had repeated extramarital activities outside their union. His defence said this was his method of dealing with his stressful life. The defendant had informed a evaluator that each year he engaged in paid sex on his special day. His attorneys stated to the court he had arthritis triggered by the pressure of the initial proceedings.