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An individual was convicted on higher court review of raping Gisele Pelicot following she was rendered comatose by her spouse – and has had his incarceration period increased to 10 years.

Retrial Proceedings

Dogan, forty-four, an out-of-work construction worker, who had challenged his initial guilty verdict last year, faced a appeal hearing this week at the Nîmes court of appeal.

A jury of five men and four women, accompanied by three judges, convicted Dogan on Thursday of raping the victim in her home in southern France in the morning of June 29, 2019.

The court heard that the accused, a family man, made contact with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an digital platform named “without her consent”, where the husband was seeking men to visit his house to rape his wife once he had rendered her unconscious into a deep sleep.

“We hope the panel will affirm that in this nation, human rights are also rights of women – that permission is individual, not transferred,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is received directly and not via a representative from a husband.”

Background

The ex-husband, among the most severe sexual predators in recent French history, was sentenced to two decades in prison last year for sedating his wife at the time and bringing in dozens of men to sexually assault her in her home in the town of the village of Mazan over a span of many years of their union.

Fifty other men were found culpable in a notable trial last year, and Dogan was the single defendant to challenge his sentence. He was first handed a term to nine years in prison, a sentence increased on Thursday to a decade.

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

Testimony and Proof

Dogan had initially sent the husband graphic images and then driven an hour from his town in the region to assault Gisèle Pelicot, after telling his wife he was leaving, the testimony revealed.

Pelicot, who was transported from segregation in prison to briefly provide testimony at the appeal trial, informed the court that the accused had known his wife had been “sedated” and he told to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a key topic for a broader debate on societal attitudes in society as the defendant continued to assert he was innocent and had not committed rape, stating that because Gisèle Pelicot’s husband had allowed him into the residence, his actions had been acceptable.

The jury in the Nîmes appeals court was displayed video evidence of the victim's unresponsive form, comatose and breathing heavily in a comatose state, while a grinning the perpetrator performed assault repeatedly over a duration of what investigators stated was 3.5 hours. The presiding judge said she had been at peril of fatal outcome by asphyxiation. The state prosecution said there was no question that she had been unconscious and had not agreed.

Accused's Testimony

The defendant informed the court the recordings were simply “sexual encounters” and denied it was assault. He said what he did was “a sexual act”, not rape. He stated the court: “I am innocent of assault.” He said the victim's husband had allowed him to the home, and therefore it was permissible. He said he was deceived by the husband. “I attempted to cease,” the accused informed the court. “I continued because he reassured me.”

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

Pelicot's Words

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by onlookers assembled to support her, addressed the defendant in court: “You do not grasp. When will you admit you violated me? It’s a crime to assault an incapacitated woman. How could I have give you agreement? At no time.”

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

Prosecutor's Remarks

Sie, speaking to the victim in court, said the defendant's failure to take responsibility showed that: “Guilt has not shifted. Society is possibly in the process of that, maybe driven by the public consciousness resulting from the exposure of your ordeal.”

Sie said the defendant's claims of innocence showed how rape culture was still widespread 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 told Dogan: “For as much as you reject it, it’s not just a woman, it’s an complete disturbing societal structure that you are endorsing.”

Personal History

The accused was originated from Turkey and at the age of five moved to the nation of France, where his parent worked as a caretaker. The court heard that his parent was abusive and that Dogan began using drugs aged ten. When Dogan was 17 he was apprehended by police for drug trafficking and his parent forced him to leave of home. He was incarcerated in prison for drug dealing in his twenties and had worked as a laborer but had experienced periods of living on the streets.

He was wed and had a child with Down’s syndrome, who he was the primary guardian for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had frequent extramarital activities outside their marriage. His legal team said this was his way of coping with his challenging existence. Dogan had told a mental health expert that each year he sought paid sex on his birthday. His legal representatives informed the court he had a medical condition resulting from the pressure of the first trial.