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A defendant was convicted on higher court review of sexually assaulting Gisèle Pelicot after she was rendered comatose by her then-husband – and has had his jail term increased to 10 years.

Higher Court Case

The defendant, forty-four, an unemployed builder, who had challenged his initial guilty verdict last year, underwent a appeal hearing this week at the Nîmes court of appeal.

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

The court heard that the accused, a family man, connected with the victim's then husband, Dominique Pelicot, in an online chatroom titled “unbeknownst to her”, where the husband was seeking men to visit his house to rape his wife after he had drugged her into a unconscious state.

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

Context

The husband, among the most severe sexual predators in modern French history, was given a prison term to twenty years in prison last year for incapacitating his then wife and inviting numerous individuals to rape her in her home in the Provence village of the village of Mazan over a period of almost a decade of their union.

Dozens of additional defendants were found culpable in a high-profile trial last year, and the appellant was the only man to challenge his verdict. He was initially handed a term to nine years in prison, a sentence increased on Thursday to 10 years.

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

Evidence Presented

The defendant had first sent Dominique Pelicot graphic images and then traveled an hour from his residence in Provence to rape the victim, after notifying his wife he was stepping out, the court heard.

Pelicot, who was brought from solitary confinement in prison to temporarily 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 abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a focus point for a wider discussion on rape culture in society as Dogan continued to say he was innocent and had not perpetrated assault, stating that because the victim's husband had allowed him into the residence, his conduct had been justifiable.

The jury in the Nîmes appeals court was presented with recorded footage of Gisèle Pelicot’s unresponsive form, comatose and breathing heavily in a deep sleep, while a smiling the perpetrator committed rape multiple times over a timeframe of what investigators stated was 3.5 hours. The presiding judge said she had been at peril of fatal outcome by asphyxiation. The prosecution said there was absolute certainty that she had been incapacitated and had not agreed.

Accused's Testimony

The defendant informed the court the footage were simply “intimate moments” and disputed it was assault. He said what he did was “an intimate behavior”, not rape. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I carried on because he convinced me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I had no desire to injure that individual.”

Victim's Response

The victim, who was cheered upon departing the trial each day by supporters present to stand with her, said to Dogan in court: “You fail to comprehend. When are you going to recognise you assaulted me? It is unlawful to assault an unconscious woman. At what point did I give you permission? Not once.”

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

Legal Commentary

The prosecutor, turning to the victim in court, said the defendant's refusal to take responsibility showed that: “Guilt has not shifted. The community is perhaps in the midst of that, possibly propelled by the public consciousness resulting from the publication of your situation.”

Sie said the defendant's claims of blamelessness showed how societal tolerance was still prevalent in society as part of “archaic” forms of “male domination”. He said: “We need to change the culture of violence to a culture of consent.”

Sie addressed the defendant: “For as much as you refuse to admit it, it’s not just a woman, it’s an entire sordid societal structure that you are endorsing.”

Biographical Details

The accused was originated from the country of Turkey and at the age of 5 moved to the nation of France, where his father worked as a building manager. The testimony revealed that his parent was aggressive and that the defendant began consuming marijuana at the age of ten. When he was seventeen he was stopped by authorities for drug trafficking and his father evicted him the residence. He served time in prison for narcotics offenses in his twenties and had worked as a builder but had faced periods of homelessness.

He was wed and had a child with special needs, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The evidence showed his spouse did not know he had frequent intimate relations outside their union. His legal team said this was his way of coping with his stressful life. Dogan had told a evaluator that annually he looked for transactional encounters on his special day. His legal representatives stated to the court he had a medical condition resulting from the pressure of the first trial.