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A man was convicted on higher court review of raping Gisele Pelicot following she was rendered comatose by her husband – and has had his jail term increased to 10 years.

Higher Court Case

Dogan, 44, an unemployed builder, who had challenged his first conviction last year, faced a appeal hearing this week at the Nîmes court of appeal.

A jury of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of raping Pelicot in her residence in the south of France in the morning of 29 June 2019.

The evidence showed that Dogan, a family man, connected with the victim's husband at the time, Dominique Pelicot, in an digital platform titled “without her knowledge”, where the husband was looking for men to come to his home to assault his wife after he had sedated her into a deep sleep.

We expect the panel will say loud and clear that in this nation, fundamental rights are also women’s rights – that agreement is personal, not transferred,” stated the victim's attorney, her legal representative. “Consent is secured personally and not via a representative from a husband.”

Context

The ex-husband, one of the worst sex offenders in recent French history, was handed a sentence to 20 years in prison last year for drugging his then wife and inviting numerous individuals to rape her in her home in the community of Mazan over a span of almost a decade of their union.

Numerous other individuals were found culpable in a notable trial last year, and the appellant was the only man to challenge his verdict. He was first given a sentence to 9 years in prison, a penalty raised on Thursday to 10 years.

The state's attorney, Dominique Sie, had argued he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

The defendant had first sent the husband graphic images and then driven an hour from his residence in Provence to rape the victim, after notifying his wife he was leaving, the evidence indicated.

Pelicot, who was transported from isolation in prison to temporarily provide testimony at the appeal trial, informed the court that Dogan had understood his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a key topic for a wider discussion on societal attitudes in society as Dogan continued to assert he was blameless and had not perpetrated assault, arguing that because the victim's husband had allowed him into the room, his actions had been acceptable.

The panel in the higher court was shown recorded footage of the victim's unconscious figure, sedated and snoring in a deep sleep, while a grinning Dogan performed assault on several occasions over a timeframe of what authorities reported was several hours. The judge said she had been at danger of fatal outcome by choking. The prosecution said there was absolute certainty that she had been incapacitated and had not agreed.

Defendant's Statements

Dogan told the court the footage were simply “intimate moments” and disputed it was assault. He said what he did was “an intimate behavior”, not rape. He told the court: “I never raped.” He said the victim's husband had invited him to the home, and therefore it was permissible. He said he was manipulated by the husband. “I tried to halt,” Dogan informed the court. “I carried on because he reassured me.”

Asked if he wanted to make a last words to the court, the defendant said: “I did not intend to harm that individual.”

Pelicot's Words

The survivor, 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 admit you raped me? It is unlawful to rape an unaware woman. How could I have give you agreement? Never.”

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

State's Argument

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s unwillingness to take responsibility showed that: “Guilt has not shifted. The community is possibly in the midst of that, maybe driven by the societal understanding brought by the exposure of your case.”

The prosecutor said the defendant's claims of innocence showed how normalized violence was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change rape culture to a society based on agreement.”

Sie told the defendant: “For as much as you refuse to admit it, it’s not just a individual, it’s an complete disturbing societal structure that you are supporting.”

Personal History

Dogan was originated from Turkey and at the age of 5 relocated to France, where his father worked as a caretaker. The court heard that his father was abusive and that the defendant began smoking cannabis aged 10. When Dogan was 17 he was apprehended by police for selling narcotics and his father evicted him the family house. He spent time 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 married and had a child with Down’s syndrome, who he was the primary guardian for, as his wife worked in a school canteen. The court heard his wife did not know he had repeated sexual encounters outside their union. His defence said this was his way of coping with his stressful life. The defendant had told a mental health expert that annually he engaged in commercial sex on his special day. His lawyers informed the court he had a medical condition triggered by the stress of the original case.