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A defendant was convicted on higher court review of sexually assaulting Gisele Pelicot following she was rendered comatose by her then-husband – and received his prison sentence raised to ten years.

Appeal Trial

The defendant, forty-four, an unemployed builder, who had challenged his initial guilty verdict last year, faced a appeal hearing this week at the higher court in Nîmes.

A jury of five men and four women, sitting with three judges, convicted Dogan on Thursday of raping the victim in her residence in southern France in the early hours of 29 June 2019.

The testimony revealed that Dogan, a married father, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum named “without her knowledge”, where the husband was seeking men to come to his home to rape his wife once he had drugged her into a comatose state.

“We hope the jury will say loud and clear that in this country, human rights are also rights of women – that permission is personal, not given by another,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Permission is obtained personally and not via a representative from a husband.”

Context

The ex-husband, a notorious sex offenders in modern French history, was sentenced to 20 years in prison last year for sedating his wife at the time and soliciting multiple perpetrators to rape her in her home in the town of the village of Mazan over a period of almost a decade of their union.

Dozens of additional defendants were found culpable in a high-profile trial last year, and Dogan was the sole individual to challenge his verdict. He was originally given a sentence to nine years in prison, a sentence increased on Thursday to a decade.

The chief prosecutor, the prosecutor, had argued he should serve 12 years, because he “stubbornly rejects to take any blame”.

Evidence Presented

The defendant had first sent Dominique Pelicot graphic images and then traveled an hour from his village in the region to rape Gisèle Pelicot, after notifying his wife he was stepping out, the testimony revealed.

Pelicot, who was transported from solitary confinement in prison to temporarily testify at the appeal trial, informed the court that the accused had been aware his wife had been “drugged” and he told to men by phone: “I want someone to violate my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a focus point for a wider discussion on rape culture in society as the defendant continued to assert he was innocent and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had invited him into the room, his behavior had been permissible.

The panel in the Nîmes appeals court was displayed visual proof of Gisèle Pelicot’s unconscious figure, sedated and snoring in a comatose state, while a smiling Dogan committed rape repeatedly over a period of what investigators stated was three and a half hours. The judge said she had been at risk of fatal outcome by asphyxiation. The prosecution said there was no doubt that she had been unconscious and had not given permission.

Defendant's Statements

The defendant informed the court the footage were simply “sex scenes” and denied it was rape. He said what he did was “a sexual act”, not assault. He declared the court: “I never raped.” He said the victim's husband had brought him to the home, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan stated to the court. “I continued because he persuaded me.”

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

Survivor's Statement

The victim, who was cheered upon leaving court each day by crowds present to stand with her, said to Dogan in court: “You fail to comprehend. When will you acknowledge you raped me? It’s a crime to rape an unconscious woman. When did I ever give you agreement? At no time.”

Gisèle Pelicot, seventy-two, became an global icon after she waived her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, speaking to the victim in court, said the defendant's failure to take blame showed that: “Guilt has not shifted. The community is maybe in the midst of that, maybe motivated by the collective awareness brought by the exposure of your ordeal.”

Sie said Dogan’s claims of blamelessness showed how rape culture was still prevalent in society as part of “outdated” forms of “male domination”. He said: “We need to change rape culture to a ethos of permission.”

The prosecutor said to the defendant: “For as much as you deny it, it’s not just a woman, it’s an complete disturbing social system that you are supporting.”

Personal History

The accused was born in the country of Turkey and at the age of 5 moved to the nation of France, where his parent worked as a caretaker. The evidence indicated that his father was abusive and that the defendant began using drugs at the age of 10. When Dogan was 17 he was caught by police for selling narcotics and his father kicked him out the residence. He served time in prison for narcotics offenses in his twenties and had worked as a laborer but had experienced periods of being unhoused.

He was wed and had a child with special needs, who he was the main caregiver for, as his spouse worked in a school canteen. The evidence showed his spouse did not know he had regular extramarital activities outside their union. His legal team said this was his strategy for managing with his challenging existence. Dogan had told a court psychologist that annually he looked for paid sex on his birthday. His lawyers stated to the court he had arthritis caused by the anxiety of the first trial.