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A man has been found guilty on higher court review of raping Gisèle Pelicot after she was rendered comatose by her husband – and received his prison sentence raised to 10 years.

Higher Court Case

The defendant, forty-four, an out-of-work construction worker, who had contested his first conviction last year, faced a retrial this week at the appeals court in Nîmes.

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

The evidence showed that the accused, a married father, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum titled “without her knowledge”, where the husband was seeking men to visit his house to rape his wife once he had sedated her into a deep sleep.

“We hope the panel will affirm that in this nation, fundamental rights are also women’s rights – that consent is personal, not transferred,” stated the victim's lawyer, Antoine Camus. “Consent is received directly and not through someone else from a husband.”

Case History

The husband, among the most severe sex offenders in recent French history, was handed a sentence to 20 years in prison last year for incapacitating his then wife and inviting multiple perpetrators to rape her in her home in the town of Mazan over a duration of nearly ten years of their union.

Numerous other individuals were found guilty in a notable trial last year, and the appellant was the only man to challenge his verdict. He was first handed a term to nine years in prison, a punishment increased on Thursday to ten years.

The state's attorney, the prosecutor, had argued he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

The defendant had initially sent the husband sexually explicit photos and then driven an hour from his town in Provence to assault the victim, after notifying his wife he was stepping out, the evidence indicated.

The ex-husband, who was transported from isolation in prison to briefly give evidence at the hearing, stated to the court that Dogan had been aware his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her unbeknownst to her.”

The trial became a focus point for a wider discussion on societal attitudes in society as the defendant continued to assert he was blameless and had not perpetrated assault, contending that because the victim's husband had welcomed him into the bedroom, his behavior had been justifiable.

The panel in the Nîmes appeals court was presented with visual proof of the victim's limp body, sedated and breathing heavily in a deep sleep, while a grinning the perpetrator performed assault on several occasions over a duration of what police said was three and a half hours. The presiding judge said she had been at danger of death by asphyxiation. The state's case said there was no question that she had been unconscious and had not given permission.

Accused's Testimony

The defendant informed the court the footage were simply “intimate moments” and denied it was rape. He said what he did was “an intimate behavior”, not assault. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was acceptable. He said he was influenced by the husband. “I tried to halt,” the accused stated to the court. “I continued because he persuaded me.”

Asked if he wanted to make a last words to the court, Dogan said: “I did not intend to hurt that woman.”

Pelicot's Words

The survivor, who was cheered upon exiting the courtroom each day by supporters assembled to back her, told Dogan in court: “You haven’t understood. When are you going to recognise you assaulted me? It’s a crime to rape an incapacitated woman. How could I have give you agreement? Never.”

The victim, 72, became an international feminist hero after she waived her right to privacy in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, speaking to the victim in court, said the defendant's refusal to take accountability showed that: “The shame remains. The community is possibly in the course of that, maybe propelled by the public consciousness resulting from the exposure of your situation.”

The prosecutor said the defendant's claims of blamelessness showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

Sie addressed Dogan: “As long as you deny it, it’s not just a woman, it’s an whole sordid social system that you are upholding.”

Personal History

The accused was originated from the country of Turkey and at the age of five relocated to the nation of France, where his father worked as a caretaker. The testimony revealed that his parent was aggressive and that Dogan began using drugs at the age of 10. When he was seventeen he was caught by authorities for dealing drugs and his parent evicted him of home. He was incarcerated in prison for drug dealing in his twenties and had worked as a builder but had undergone periods of living on the streets.

He was married and had a son with Down’s syndrome, who he was the primary guardian for, as his wife worked in a institution's dining hall. The testimony revealed his wife did not know he had repeated sexual encounters outside their union. His legal team said this was his strategy for managing with his challenging existence. Dogan had informed a court psychologist that once a year he engaged in commercial sex on his birthday. His legal representatives stated to the court he had arthritis resulting from the pressure of the first trial.