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An individual has been found guilty on appeal of raping Gisele Pelicot after she was rendered comatose by her husband – and received his prison sentence raised to ten years.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, underwent a appeal hearing this week at the higher court in Nîmes.

A jury of five men and four women, sitting with three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in Provence in the early hours of 29 June 2019.

The court heard that the accused, a married father, made contact with Gisèle Pelicot’s then husband, the husband, in an online chatroom titled “unbeknownst to her”, where Pelicot was looking for men to enter his residence to assault his wife after he had sedated her into a comatose state.

We expect the jury will affirm that in this country, human rights are also rights of women – that consent is individual, not transferred,” declared Gisèle Pelicot’s attorney, her legal representative. “Consent is secured directly and not by proxy from a husband.”

Case History

The husband, a notorious sexual predators in modern French history, was sentenced to 20 years in prison last year for drugging his spouse and inviting numerous individuals to rape her in her home in the town of the village of Mazan over a period of almost a decade of their marriage.

Dozens of additional defendants were found culpable in a notable trial last year, and Dogan was the single defendant to challenge his verdict. He was originally sentenced to 9 years in prison, a sentence raised on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had stated he should serve twelve years, because he “completely denies to take any responsibility”.

Courtroom Details

Dogan had initially sent the husband graphic images and then traveled an hour from his residence in Provence to rape Gisèle Pelicot, after informing his wife he was leaving, the evidence indicated.

Pelicot, who was transported from solitary confinement in prison to briefly testify at the appeal trial, informed the court that the accused had been aware his wife had been “drugged” and he communicated to men by phone: “I want someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a key topic for a wider discussion on rape culture in society as the defendant continued to assert he was blameless and had not engaged in violation, arguing that because the victim's husband had invited him into the residence, his conduct had been justifiable.

The jury in the Nîmes appeals court was presented with video evidence of Gisèle Pelicot’s limp body, comatose and breathing heavily in a unconscious condition, while a smiling Dogan committed rape on several occasions over a timeframe of what authorities reported was 3.5 hours. The presiding judge said she had been at danger of fatal outcome by asphyxiation. The state prosecution said there was absolute certainty that she had been unaware and had not consented.

Accused's Testimony

The defendant informed the court the recordings were simply “intimate moments” and rejected it was violation. He said what he did was “a consensual activity”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I continued because he persuaded me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I had no desire to hurt that individual.”

Pelicot's Words

Gisèle Pelicot, who was cheered upon departing the trial each day by supporters present to stand with her, told the defendant in court: “You fail to comprehend. When are you going to recognise you assaulted me? It is illegal to assault an unconscious woman. When did I ever give you agreement? Not once.”

The victim, 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.”

Prosecutor's Remarks

Sie, speaking to Gisèle Pelicot in court, said the defendant's failure to take blame showed that: “The shame remains. The community is maybe in the process of that, possibly driven by the societal understanding spurred by the publication of your situation.”

Sie said the defendant's claims of innocence showed how normalized violence was still widespread in society as part of “archaic” forms of “patriarchal control”. He said: “Now we must change rape culture to a culture of consent.”

The prosecutor said to the defendant: “While you refuse to admit it, it’s not just a woman, it’s an entire unpleasant social system that you are endorsing.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of five came to the nation of France, where his father worked as a building manager. The court heard that his father was aggressive and that the defendant began smoking cannabis aged ten. When he was seventeen he was stopped by police for selling narcotics and his father forced him to leave the residence. He spent time in prison for drug dealing in his twenties and had worked as a laborer but had experienced periods of being unhoused.

He was wed and had a child with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The court heard his wife did not know he had repeated sexual encounters beyond their marriage. His defence said this was his method of dealing with his difficult circumstances. The defendant had stated to a evaluator that each year he looked for commercial sex on his special day. His attorneys stated to the court he had arthritis resulting from the pressure of the first trial.