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A man has been found guilty on appeal of raping Gisèle Pelicot following she was rendered comatose by her then-husband – and has had his incarceration period raised to ten years.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, experienced a new trial this week at the Nîmes court of appeal.

A panel of five men and four women, sitting with 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 Dogan, a family man, reached out to the victim's then husband, the husband, in an internet forum called “without her knowledge”, where the husband was seeking men to visit his house to assault his wife once he had rendered her unconscious into a unconscious state.

We expect the panel will say loud and clear that in this society, fundamental rights are also rights of women – that consent is individual, not given by another,” said Gisèle Pelicot’s lawyer, her legal representative. “Consent is received directly and not by proxy from a spouse.”

Case History

The husband, among the most severe sex offenders in recent French history, was sentenced to two decades in prison last year for drugging his wife at the time and bringing in numerous individuals to sexually assault her in her home in the Provence village of the village of Mazan over a period of many years of their union.

Dozens of additional defendants were found culpable in a high-profile trial last year, and the appellant was the single defendant to challenge his conviction. He was first sentenced to 9 years in prison, a penalty increased on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had argued he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Evidence Presented

The defendant had initially sent the husband sexually explicit photos and then traveled an hour from his residence in the region to rape the victim, after notifying his wife he was leaving, the testimony revealed.

The ex-husband, who was transported from isolation in prison to briefly give evidence at the retrial, informed the court that the accused had known his wife had been “drugged” and he said to men by phone: “I want someone to assault my wife after I’ve sedated her without her consent.”

The trial became a focus point for a wider discussion on rape culture in society as Dogan continued to assert he was blameless and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had invited 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 limp body, sedated and breathing heavily in a comatose state, while a grinning the perpetrator performed assault on several occasions over a duration of what authorities reported was three and a half hours. The court official said she had been at danger of death by suffocation. The state's case said there was no question that she had been unaware and had not agreed.

Accused's Testimony

The defendant stated to the court the footage were simply “intimate moments” and denied it was assault. He said what he did was “a sexual act”, not rape. He stated the court: “I never raped.” He said the victim's husband had invited him to the residence, and therefore it was OK. He said he was influenced by the husband. “I wanted to stop,” the accused stated to the court. “I carried on because he reassured me.”

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

Victim's Response

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by supporters gathered to back her, addressed the defendant in court: “You haven’t understood. When will you admit you raped me? It is unlawful to assault an unconscious woman. How could I have give you consent? Never.”

The victim, 72, became an global icon after she relinquished her right to confidentiality in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, turning to the victim in court, said Dogan’s unwillingness to take blame showed that: “Guilt has not shifted. The community is maybe in the process of that, perhaps driven by the collective awareness resulting from the publication of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

The prosecutor addressed the defendant: “While you reject it, it’s not just a woman, it’s an complete sordid societal structure that you are endorsing.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of five relocated to the nation of France, where his father worked as a caretaker. The court heard that his father was aggressive and that Dogan began smoking cannabis aged ten. When Dogan was seventeen he was stopped by police for selling narcotics and his father evicted him the family house. He served time in prison for drug dealing in his young adulthood and had worked as a construction worker but had experienced periods of homelessness.

He was married and had a son with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The court heard his wife did not know he had frequent extramarital activities outside their union. His legal team said this was his way of coping with his stressful life. Dogan had informed a mental health expert that each year he engaged in paid sex on his birthday. His attorneys informed the court he had a medical condition caused by the stress of the initial proceedings.