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An individual has been found guilty on higher court review of sexually assaulting Gisele Pelicot following she was rendered comatose by her then-husband – and received his prison sentence extended to 10 years.

Higher Court Case

The defendant, 44, an unemployed builder, who had appealed his initial guilty verdict last year, faced a retrial this week at the Nîmes court of appeal.

A panel of nine jurors, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her residence in southern France in the morning of June 29, 2019.

The court heard that Dogan, a married father, reached out to Gisèle Pelicot’s then husband, the husband, in an digital platform titled “without her consent”, where Pelicot was looking for men to enter his residence to assault his wife once he had drugged her into a comatose state.

“We hope the jury will declare that in this country, fundamental rights are also rights of women – that agreement is individual, not given by another,” declared Gisèle Pelicot’s attorney, her legal representative. “Permission is received directly and not via a representative from a husband.”

Context

The ex-husband, a notorious sexual predators in France's contemporary records, was given a prison term to twenty years in prison last year for incapacitating his then wife and inviting numerous individuals to rape her in her home in the Provence village of the village of Mazan over a period of many years of their marriage.

Fifty other men were found convicted in a notable trial last year, and the appellant was the only man to challenge his sentence. He was originally given a sentence to 9 years in prison, a punishment enhanced on Thursday to a decade.

The lead state prosecutor, the prosecutor, had argued he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Courtroom Details

Dogan had first sent the husband inappropriate pictures and then driven an hour from his town in Provence to rape the victim, after notifying his wife he was going out, the testimony revealed.

The ex-husband, who was transported from segregation in prison to temporarily provide testimony at the appeal trial, told the court that the accused had been aware his wife had been “incapacitated” and he said to men by phone: “I want someone to violate my wife after I’ve put her to sleep without her consent.”

The proceedings became a key topic for a broader debate on rape culture in society as the defendant continued to claim he was innocent and had not committed rape, contending that because Gisèle Pelicot’s husband had allowed him into the residence, his behavior had been acceptable.

The jury in the Nîmes appeals court was presented with recorded footage of the victim's limp body, comatose and snoring in a unconscious condition, while a smiling the perpetrator engaged in violation repeatedly over a timeframe of what police said was several hours. The court official said she had been at risk of fatal outcome by choking. The prosecution said there was no question that she had been incapacitated and had not given permission.

Defendant's Statements

The defendant told the court the videos were simply “intimate moments” and rejected it was rape. He said what he did was “a sexual act”, not assault. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I carried on because he persuaded me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I did not intend to hurt that individual.”

Survivor's Statement

The survivor, who was cheered upon leaving court each day by supporters assembled to stand with her, said to Dogan in court: “You fail to comprehend. When will you admit you violated me? It’s a crime to rape an incapacitated woman. At what point did I give you agreement? Never.”

The victim, seventy-two, became an symbol of resistance after she relinquished her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, addressing Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “The shame remains. The community is maybe in the course of that, maybe driven by the public consciousness resulting from the exposure of your case.”

The prosecutor said the defendant's claims of blamelessness showed how rape culture was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change rape culture to a society based on agreement.”

The prosecutor addressed Dogan: “As long as you deny it, it’s not just a individual, it’s an entire sordid societal structure that you are supporting.”

Personal History

Dogan was born in the country of Turkey and at the age of five moved to the nation of France, where his father worked as a concierge. The evidence indicated that his parent was abusive and that the defendant began smoking cannabis aged 10. When he was seventeen he was caught by police for drug trafficking and his father forced him to leave the residence. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a builder but had experienced periods of being unhoused.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had repeated intimate relations beyond their marriage. His legal team said this was his method of dealing with his stressful life. Dogan had told a evaluator that each year he engaged in transactional encounters on his special day. His legal representatives stated to the court he had arthritis triggered by the anxiety of the original case.