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A defendant was declared guilty on appeal of raping Gisele Pelicot after she was rendered comatose by her husband – and received his jail term increased to ten years.

Retrial Proceedings

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

A panel of four women and five men, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her home in the south of France in the early hours of 29 June 2019.

The court heard that Dogan, a married father, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom titled “without her knowledge”, where Pelicot was seeking men to enter his residence to rape his wife once he had rendered her unconscious into a comatose state.

“We hope the jury will affirm that in this society, human rights are also women’s rights – that consent is individual, not given by another,” stated Gisèle Pelicot’s lawyer, her legal representative. “Consent is obtained personally and not via a representative from a spouse.”

Case History

The husband, a notorious sexual predators in recent French history, was handed a sentence to 20 years in prison last year for incapacitating his wife at the time and inviting numerous individuals to sexually assault her in her home in the town of Mazan over a duration of many years of their union.

Dozens of additional defendants were found guilty in a notable trial last year, and Dogan was the sole individual to appeal against his conviction. He was originally given a sentence to nine years in prison, a penalty enhanced on Thursday to ten years.

The chief prosecutor, Dominique Sie, had argued he should serve 12 years, because he “completely denies to take any blame”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his residence in Provence to rape the victim, after telling his wife he was going out, the evidence indicated.

The ex-husband, who was brought from segregation in prison to temporarily provide testimony at the retrial, stated to the court that the accused had known his wife had been “sedated” and he said to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep without her consent.”

The trial became a key topic for a broader debate on rape culture in society as the defendant continued to say he was not guilty and had not committed rape, arguing that because Gisèle Pelicot’s husband had allowed him into the bedroom, his behavior had been permissible.

The panel in the Nîmes appeals court was displayed video evidence of the victim's limp body, unconscious and snoring in a unconscious condition, while a grinning Dogan performed assault repeatedly over a timeframe of what police said was 3.5 hours. The court official said she had been at peril of death by asphyxiation. The prosecution said there was no doubt that she had been unconscious and had not agreed.

Accused's Testimony

Dogan told the court the footage were simply “intimate moments” and disputed it was assault. He said what he did was “a consensual activity”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had invited 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 carried on because he reassured me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to harm that woman.”

Victim's Response

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by supporters assembled to back her, told Dogan in court: “You haven’t understood. When will you acknowledge you assaulted me? It is unlawful to rape an unconscious woman. When did I ever give you permission? At no time.”

The victim, seventy-two, became an global icon after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “Guilt has not shifted. The public is perhaps in the course of that, perhaps propelled by the societal understanding resulting from the exposure of your ordeal.”

The prosecutor said the defendant's claims of non-guilt showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “gender-based power”. He said: “Now we must change rape culture to a ethos of permission.”

Sie told Dogan: “As long as you refuse to admit it, it’s not just a woman, it’s an whole unpleasant societal structure that you are supporting.”

Defendant's Background

The accused was born in Turkey and at the age of 5 moved to France, where his father worked as a concierge. The testimony revealed that his parent was aggressive and that Dogan began consuming marijuana at the age of 10. When he was 17 he was apprehended by police for selling narcotics and his father kicked him out the residence. He served time in prison for drug dealing in his young adulthood and had worked as a laborer but had experienced periods of living on the streets.

He was wed and had a son with a genetic condition, who he was the principal carer for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had repeated sexual encounters beyond their union. His defence said this was his strategy for managing with his stressful life. Dogan had told a mental health expert that each year he engaged in paid sex on his special day. His lawyers stated to the court he had arthritis resulting from the anxiety of the first trial.