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A defendant has been found guilty on appeal of raping Gisèle Pelicot after she was rendered comatose by her husband – and was given his jail term extended to a decade.

Higher Court Case

Dogan, forty-four, an unemployed builder, who had contested his first conviction last year, experienced a appeal hearing this week at the appeals court in Nîmes.

A jury of five men and four women, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her home in southern France in the morning of 29 June 2019.

The evidence showed that the accused, a family man, connected with Gisèle Pelicot’s husband at the time, the husband, in an internet forum named “unbeknownst to her”, where Pelicot was recruiting men to come to his home to rape his wife after he had rendered her unconscious into a unconscious state.

We expect the court will affirm that in this nation, fundamental rights are also rights of women – that agreement is individual, not transferred,” declared the victim's lawyer, Antoine Camus. “Consent is received personally and not by proxy from a husband.”

Background

The husband, a notorious sexual predators in modern French history, was handed a sentence to twenty years in prison last year for incapacitating his wife at the time and bringing in multiple perpetrators to rape her in her home in the Provence village of Mazan over a period of almost a decade of their marriage.

Fifty other men were found convicted in a high-profile trial last year, and the appellant was the only man to challenge his sentence. He was originally handed a term to nine years in prison, a punishment increased on Thursday to a decade.

The lead state prosecutor, the prosecutor, had stated he should serve twelve years, because he “absolutely refuses to take any accountability”.

Courtroom Details

The defendant had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his residence in the region to assault the victim, after notifying his wife he was going out, the testimony revealed.

The ex-husband, who was transported from isolation in prison to briefly provide testimony at the appeal trial, stated to the court that the accused had known his wife had been “sedated” and he said to men by phone: “I seek someone to assault my wife after I’ve put her to sleep without her consent.”

The trial became a central issue for a larger conversation on rape culture in society as Dogan continued to claim he was blameless and had not committed rape, contending that because Gisèle Pelicot’s husband had allowed him into the room, his conduct had been permissible.

The jury in the higher court was displayed recorded footage of the victim's unresponsive form, unconscious and snoring in a comatose state, while a smiling Dogan committed rape repeatedly over a timeframe of what police said was several hours. The court official said she had been at danger of fatal outcome by choking. The state prosecution said there was no question that she had been unaware and had not given permission.

Defendant's Statements

The defendant informed the court the recordings were simply “sex scenes” and rejected 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 Gisèle Pelicot’s husband had allowed him to the home, and therefore it was acceptable. He said he was deceived by the husband. “I tried to halt,” Dogan informed the court. “I proceeded because he reassured me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I never wanted to injure that individual.”

Survivor's Statement

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by supporters assembled to back her, told the defendant in court: “You fail to comprehend. When are you going to recognise you raped me? It is illegal to assault an incapacitated woman. At what point did I give you consent? At no time.”

Gisèle Pelicot, 72, became an global icon after she gave up her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's failure to take accountability showed that: “The shame remains. The community is perhaps in the course of that, possibly motivated by the societal understanding brought by the exposure of your ordeal.”

The prosecutor said the defendant's claims of blamelessness showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “gender-based power”. He said: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor addressed the defendant: “While you reject it, it’s not just a individual, it’s an entire sordid societal structure that you are upholding.”

Personal History

Dogan was originated from Turkey and at the age of five came to France, where his father worked as a concierge. The testimony revealed that his parent was abusive and that Dogan began consuming marijuana at the age of 10. When he 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 narcotics offenses in his young adulthood and had worked as a construction worker but had experienced periods of homelessness.

He was married and had a child with special needs, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The testimony revealed his wife did not know he had regular intimate relations outside their marriage. His legal team said this was his way of coping with his difficult circumstances. Dogan had informed a mental health expert that annually he engaged in paid sex on his birthday. His legal representatives stated to the court he had joint inflammation triggered by the stress of the initial proceedings.