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A man was convicted on higher court review of raping Gisele Pelicot following she was rendered comatose by her spouse – and was given his incarceration period increased to a decade.

Retrial Proceedings

The defendant, 44, an unemployed builder, who had challenged his initial guilty verdict last year, underwent a appeal hearing this week at the higher court in Nîmes.

A jury of nine jurors, sitting with three judges, found Dogan guilty 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 family man, reached out to the victim's spouse, Dominique Pelicot, in an digital platform titled “unbeknownst to her”, where the husband was recruiting men to visit his house to rape his wife after he had rendered her unconscious into a unconscious state.

We expect the court will affirm that in this society, human rights are also women’s rights – that agreement is personal, not given by another,” stated the victim's lawyer, Antoine Camus. “Agreement is received directly and not through someone else from a spouse.”

Background

Dominique Pelicot, a notorious sexual predators in France's contemporary records, was sentenced to two decades in prison last year for incapacitating his then wife and inviting multiple perpetrators to sexually assault her in her home in the community of the village of Mazan over a span of almost a decade of their marriage.

Dozens of additional defendants were found convicted in a high-profile trial last year, and the appellant was the sole individual to appeal against his conviction. He was first sentenced to nine years in prison, a punishment raised on Thursday to a decade.

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

Evidence Presented

The defendant had initially sent the husband graphic images and then traveled an hour from his town in the region to rape Gisèle Pelicot, after notifying his wife he was going out, the court heard.

Pelicot, who was transported from segregation in prison to briefly provide testimony at the hearing, told the court that Dogan had understood his wife had been “incapacitated” and he communicated to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a key topic for a larger conversation on rape culture in society as the defendant continued to assert he was innocent and had not perpetrated assault, stating that because the victim's husband had welcomed him into the residence, his actions had been permissible.

The jury in the Nîmes appeals court was displayed visual proof of the victim's unconscious figure, comatose and breathing heavily in a comatose state, while a smiling the perpetrator engaged in violation on several occasions over a period of what police said was three and a half hours. The judge said she had been at peril of fatal outcome by choking. The state prosecution said there was no doubt that she had been incapacitated and had not consented.

Accused's Testimony

The defendant stated to the court the videos were simply “sexual encounters” and denied it was rape. He said what he did was “a consensual activity”, not assault. He told the court: “I am innocent of assault.” He said the victim's husband had allowed him to the house, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I wanted to stop,” the accused told the court. “I carried on because he convinced me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I never wanted to hurt that woman.”

Survivor's Statement

The survivor, who was cheered upon departing the trial each day by supporters gathered to stand with her, told the defendant in court: “You fail to comprehend. When will you acknowledge you violated me? It is unlawful to assault an unaware woman. When did I ever give you permission? At no time.”

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

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's failure to take blame showed that: “Guilt has not shifted. The public is maybe in the course of that, possibly propelled by the public consciousness resulting from the revelation of your situation.”

Sie said the defendant's claims of innocence showed how societal tolerance was still common 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.”

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

Biographical Details

Dogan was originated from Turkey and at the age of 5 relocated to France, where his parent worked as a concierge. The evidence indicated that his father was aggressive and that Dogan began using drugs at the age of 10. When he was seventeen he was caught by police for drug trafficking and his parent kicked him out of home. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a construction worker but had faced periods of living on the streets.

He was married and had a son with a genetic condition, who he was the main caregiver for, as his wife worked in a institution's dining hall. The court heard his wife did not know he had regular intimate relations beyond their marriage. His legal team said this was his strategy for managing with his stressful life. The defendant had stated to a court psychologist that once a year he sought transactional encounters on his birthday. His lawyers informed the court he had joint inflammation triggered by the anxiety of the initial proceedings.