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A defendant has been found guilty on appeal of raping Gisèle Pelicot following she was rendered comatose by her spouse – and has had his jail term raised to 10 years.

Appeal Trial

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

A panel of five men and four women, sitting with three judges, convicted Dogan on Thursday of raping the victim in her bedroom in Provence in the early hours of 29 June 2019.

The evidence showed that Dogan, a married father, reached out to the victim's spouse, Dominique Pelicot, in an digital platform called “unbeknownst to her”, where Pelicot was recruiting men to enter his residence to rape his wife once he had sedated her into a deep sleep.

We trust the jury will say loud and clear that in this country, fundamental rights are also women’s rights – that agreement is individual, not given by another,” said the victim's lawyer, Antoine Camus. “Permission is received personally and not via a representative from a husband.”

Context

Dominique Pelicot, among the most severe sex offenders in modern French history, was given a prison term to two decades in prison last year for sedating his wife at the time and bringing in multiple perpetrators to rape her in her home in the town of Mazan over a period of many years of their union.

Dozens of additional defendants were found convicted in a high-profile trial last year, and Dogan was the only man to appeal against his verdict. He was originally sentenced to nine years in prison, a sentence enhanced on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had argued he should serve twelve years, because he “completely denies to take any accountability”.

Courtroom Details

The defendant had first sent the husband sexually explicit photos and then driven an hour from his town in the region to rape Gisèle Pelicot, after notifying his wife he was going out, the testimony revealed.

The ex-husband, who was transported from solitary confinement in prison to briefly give evidence at the hearing, stated to the court that Dogan had been aware his wife had been “drugged” and he communicated to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a key topic for a broader debate on sexual violence norms in society as Dogan continued to assert he was blameless and had not committed rape, contending that because the victim's husband had allowed him into the bedroom, his actions had been permissible.

The panel in the higher court was shown video evidence of the victim's unconscious figure, comatose and snoring in a comatose state, while a grinning the perpetrator committed rape on several occasions over a timeframe of what authorities reported was several hours. The court official said she had been at peril of death by suffocation. The prosecution said there was no doubt that she had been incapacitated and had not given permission.

Accused's Testimony

Dogan informed the court the footage were simply “sex scenes” and denied it was violation. He said what he did was “a sexual act”, not assault. He declared the court: “I did not commit rape.” He said the victim's husband had allowed him to the home, and therefore it was permissible. He said he was manipulated by the husband. “I tried to halt,” Dogan told the court. “I continued because he reassured me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I had no desire to harm that lady.”

Victim's Response

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by crowds assembled to support her, said to Dogan in court: “You do not grasp. When will you admit you raped me? It is unlawful to assault an incapacitated woman. How could I have give you agreement? Never.”

The victim, 72, became an international feminist hero after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's refusal to take responsibility showed that: “Shame has not yet changed sides. Society is maybe in the midst of that, maybe driven by the public consciousness resulting from the revelation of your case.”

Sie said Dogan’s claims of blamelessness showed how normalized violence was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a society based on agreement.”

The prosecutor addressed Dogan: “While you reject it, it’s not just a person, it’s an complete sordid cultural framework that you are upholding.”

Personal History

Dogan was born in the country of Turkey and at the age of five moved to the nation of France, where his father worked as a concierge. The court heard that his parent was abusive and that Dogan began using drugs aged 10. When Dogan was seventeen he was apprehended by authorities for drug trafficking and his parent forced him to leave the family house. He served time in prison for drug dealing in his young adulthood and had worked as a builder but had undergone periods of living on the streets.

He was wed and had a son with special needs, who he was the main caregiver for, as his wife worked in a school canteen. The court heard his wife did not know he had repeated intimate relations beyond their marriage. His defence said this was his strategy for managing with his stressful life. Dogan had stated to a evaluator that each year he looked for transactional encounters on his birthday. His attorneys told the court he had joint inflammation caused by the anxiety of the initial proceedings.