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A defendant has been found guilty on appeal of raping Gisèle Pelicot after she was rendered comatose by her then-husband – and was given his incarceration period increased to ten years.

Higher Court Case

Dogan, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, underwent a appeal hearing this week at the Nîmes court of appeal.

A panel of four women and five men, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her residence in the south of France in the early hours of June 29, 2019.

The evidence showed that the accused, a family man, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum called “unbeknownst to her”, where Pelicot was seeking men to enter his residence to rape his wife once he had rendered her unconscious into a unconscious state.

We expect the court will affirm that in this country, human rights are also women’s rights – that permission is individual, not delegated,” said the victim's attorney, Antoine Camus. “Permission is received personally and not via a representative from a spouse.”

Case History

The ex-husband, among the most severe sexual predators in recent French history, was handed a sentence to twenty years in prison last year for sedating his wife at the time and inviting numerous individuals to sexually assault her in her home in the community of Mazan over a period of many years of their union.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and the appellant was the sole individual to challenge his conviction. He was initially given a sentence to nine years in prison, a sentence increased on Thursday to a decade.

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

Testimony and Proof

The defendant had initially sent the husband graphic images and then driven an hour from his residence in the region to assault Gisèle Pelicot, after informing his wife he was stepping out, the evidence indicated.

Pelicot, who was brought from segregation in prison to briefly provide testimony at the retrial, stated to the court that the accused had been aware his wife had been “sedated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a central issue for a larger conversation on rape culture in society as Dogan continued to say he was blameless and had not perpetrated assault, arguing that because the victim's husband had invited him into the room, his behavior had been permissible.

The jury in the Nîmes appeals court was displayed video evidence of the victim's unresponsive form, sedated and snoring in a unconscious condition, while a grinning the perpetrator committed rape on several occasions over a timeframe of what investigators stated was 3.5 hours. The court official said she had been at risk of death by asphyxiation. The state's case said there was no doubt that she had been unaware and had not consented.

Defendant's Statements

The defendant informed the court the footage were simply “sex scenes” and rejected it was assault. He said what he did was “an intimate behavior”, not assault. He stated the court: “I am innocent of assault.” He said the victim's husband had brought him to the house, and therefore it was OK. He said he was influenced by the husband. “I attempted to cease,” the accused told the court. “I proceeded because he reassured me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to injure that lady.”

Survivor's Statement

The survivor, who was supported upon leaving court each day by crowds gathered to stand with her, addressed Dogan in court: “You fail to comprehend. When will you admit you raped me? It is unlawful to assault an incapacitated woman. When did I ever give you agreement? 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: “Guilt ought to transfer.”

State's Argument

Sie, turning to the victim in court, said Dogan’s unwillingness to take responsibility showed that: “Shame has not yet changed sides. The community is possibly in the course of that, perhaps propelled by the public consciousness resulting from the publication of your situation.”

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

Sie addressed Dogan: “As long as you reject it, it’s not just a individual, it’s an entire disturbing social system that you are endorsing.”

Personal History

Dogan was born in the country of Turkey and at the age of five relocated to France, where his parent worked as a caretaker. The court heard that his father was abusive and that the defendant began consuming marijuana at the age of 10. When Dogan was seventeen he was caught by police for selling narcotics and his father evicted him the family house. He spent time in prison for trafficking in his young adulthood and had worked as a laborer but had experienced periods of living on the streets.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had frequent extramarital activities beyond their union. His legal team said this was his method of dealing with his challenging existence. Dogan had informed a court psychologist that each year he engaged in transactional encounters on his special day. His attorneys stated to the court he had a medical condition resulting from the stress of the original case.