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An individual was convicted on higher court review of raping Gisele Pelicot after she was rendered comatose by her husband – and was given his incarceration period extended to ten years.

Appeal Trial

The defendant, 44, an out-of-work construction worker, who had challenged his first conviction last year, experienced a appeal hearing this week at the appeals court in Nîmes.

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

The court heard that the accused, a married father, connected with the victim's husband at the time, Dominique Pelicot, in an digital platform titled “unbeknownst to her”, where Pelicot was looking for men to enter his residence to assault his wife once he had rendered her unconscious into a unconscious state.

We expect the court will say loud and clear that in this nation, fundamental rights are also women’s rights – that agreement is personal, not transferred,” said Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is obtained personally and not via a representative from a spouse.”

Context

Dominique Pelicot, one of the worst sexual predators in recent French history, was sentenced to two decades in prison last year for sedating his spouse and inviting multiple perpetrators to sexually assault her in her home in the Provence village of the village of Mazan over a duration of nearly ten years of their union.

Numerous other individuals were found culpable in a high-profile trial last year, and the appellant was the only man to challenge his sentence. He was initially given a sentence to nine years in prison, a punishment raised on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had stated he should serve twelve years, because he “stubbornly rejects to take any blame”.

Evidence Presented

The defendant had first sent the husband sexually explicit photos and then traveled an hour from his town in the region to rape the victim, after informing his wife he was stepping out, the testimony revealed.

The ex-husband, who was transported from isolation in prison to temporarily provide testimony at the hearing, stated to the court that the accused had been aware his wife had been “sedated” and he told to men by phone: “I seek someone to violate my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a focus point for a larger conversation on rape culture in society as the defendant continued to claim he was not guilty and had not committed rape, arguing that because Gisèle Pelicot’s husband had allowed him into the residence, his behavior had been acceptable.

The panel in the higher court was shown recorded footage of Gisèle Pelicot’s unresponsive form, unconscious and snoring in a comatose state, while a smiling Dogan engaged in violation multiple times over a duration of what investigators stated was 3.5 hours. The court official said she had been at risk of fatal outcome by suffocation. The state's case said there was absolute certainty that she had been unconscious and had not consented.

Dogan's Claims

The defendant stated to the court the footage were simply “sexual encounters” and rejected it was rape. He said what he did was “a sexual act”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I proceeded because he persuaded me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I never wanted to harm that individual.”

Victim's Response

Gisèle Pelicot, who was applauded upon leaving court each day by supporters gathered to support her, told Dogan in court: “You do not grasp. When will you admit you raped me? It’s a crime to assault an unconscious woman. When did I ever give you permission? Not once.”

Gisèle Pelicot, 72, became an symbol of resistance after she gave up her right to privacy in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, addressing the victim in court, said the defendant's unwillingness to take accountability showed that: “The shame remains. The public is perhaps in the process of that, maybe propelled by the collective awareness resulting from the publication of your case.”

The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “gender-based power”. He said: “We need to change rape culture to a culture of consent.”

Sie told the defendant: “For as much as you reject it, it’s not just a woman, it’s an entire disturbing societal structure that you are supporting.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five moved to France, where his parent worked as a caretaker. The evidence indicated that his father was abusive and that Dogan began consuming marijuana at the age of 10. When Dogan was 17 he was stopped by police for drug trafficking and his father kicked him out the family house. He spent time in prison for drug dealing in his twenties and had worked as a laborer but had undergone periods of being unhoused.

He was married and had a child with a genetic condition, who he was the principal carer for, as his spouse worked in a educational cafeteria. The testimony revealed his spouse did not know he had regular sexual encounters beyond their marriage. His defence said this was his strategy for managing with his difficult circumstances. The defendant had told a court psychologist that each year he looked for commercial sex on his special day. His attorneys informed the court he had joint inflammation caused by the anxiety of the initial proceedings.