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An individual was declared guilty on appeal of raping Gisele Pelicot following she was rendered comatose by her husband – and was given his incarceration period raised to ten years.

Appeal Trial

Dogan, 44, an unemployed builder, who had contested his first conviction last year, faced a appeal hearing this week at the higher court in Nîmes.

A jury of five men and four women, joined by three judges, ruled against Dogan on Thursday of raping the victim in her home in Provence in the early hours 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 “without her knowledge”, where the husband was looking for men to come to his home to rape his wife once he had drugged her into a unconscious state.

“We hope the jury will affirm that in this country, human rights are also women’s rights – that consent is personal, not given by another,” said Gisèle Pelicot’s attorney, Antoine Camus. “Consent is secured personally and not by proxy from a spouse.”

Context

The husband, among the most severe sexual predators in modern French history, was handed a sentence to two decades in prison last year for incapacitating his then wife and inviting numerous individuals to rape her in her home in the community of the village of Mazan over a duration of almost a decade of their union.

Dozens of additional defendants were found convicted in a notable trial last year, and Dogan was the only man to challenge his conviction. He was originally handed a term to nine years in prison, a penalty raised on Thursday to a decade.

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

Courtroom Details

Dogan had first sent the husband graphic images and then traveled an hour from his town in Provence to assault the victim, after informing his wife he was stepping out, the testimony revealed.

Pelicot, who was brought from segregation in prison to temporarily testify at the hearing, stated to the court that the accused had known his wife had been “drugged” and he told to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a focus point for a wider discussion on sexual violence norms in society as the defendant continued to assert he was innocent and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had allowed him into the bedroom, his behavior had been acceptable.

The panel in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s unconscious figure, sedated and snoring in a deep sleep, while a grinning the perpetrator committed rape multiple times over a period of what investigators stated was three and a half hours. The court official said she had been at peril of fatal outcome by suffocation. The prosecution said there was absolute certainty that she had been unaware and had not given permission.

Dogan's Claims

Dogan informed the court the footage were simply “sex scenes” and disputed it was rape. He said what he did was “a consensual activity”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’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,” Dogan stated to the court. “I proceeded because he persuaded me.”

Asked if he wanted to make a last words to the court, the defendant said: “I never wanted to harm that woman.”

Pelicot's Words

The survivor, who was cheered upon exiting the courtroom each day by crowds assembled to support her, told Dogan in court: “You fail to comprehend. When are you going to recognise you violated me? It is illegal to rape an unconscious woman. When did I ever give you agreement? At no time.”

Gisèle Pelicot, 72, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s refusal to take accountability showed that: “Guilt has not shifted. The community is maybe in the course of that, maybe motivated by the collective awareness spurred by the publication of your case.”

The prosecutor said the defendant's claims of blamelessness showed how rape culture was still widespread in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change rape culture to a ethos of permission.”

The prosecutor addressed the defendant: “For as much as you deny it, it’s not just a individual, it’s an whole disturbing societal structure that you are upholding.”

Biographical Details

The accused was born in Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a caretaker. The evidence indicated that his parent was aggressive and that Dogan began smoking cannabis aged ten. When Dogan was 17 he was stopped by police for selling narcotics and his parent forced him to leave the residence. He served time in prison for narcotics offenses in his early 20s and had worked as a construction worker but had undergone periods of being unhoused.

He was married and had a child with special needs, who he was the principal carer for, as his spouse worked in a institution's dining hall. The testimony revealed his spouse did not know he had frequent extramarital activities beyond their union. His defence said this was his method of dealing with his challenging existence. Dogan had stated to a court psychologist that each year he looked for paid sex on his birthday. His lawyers told the court he had a medical condition triggered by the stress of the initial proceedings.