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An individual has been found guilty on higher court review of sexually assaulting Gisèle Pelicot after she was rendered comatose by her then-husband – and has had his incarceration period extended to 10 years.

Higher Court Case

The defendant, forty-four, an out-of-work construction worker, who had appealed his initial guilty verdict last year, underwent a retrial this week at the Nîmes court of appeal.

A panel of four women and five men, sitting with three judges, ruled against Dogan on Thursday of raping the victim in her residence in Provence in the early hours of June 29, 2019.

The court heard that the accused, a family man, reached out to Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform titled “without her consent”, where Pelicot was looking for men to visit his house to assault his wife once he had drugged her into a unconscious state.

“We hope the panel will say loud and clear that in this society, human rights are also women’s rights – that permission is personal, not given by another,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is obtained directly and not by proxy from a spouse.”

Background

The husband, one of the worst sexual predators in recent French history, was handed a sentence to twenty years in prison last year for sedating his spouse and inviting numerous individuals to sexually assault her in her home in the town of Mazan over a duration of many years of their union.

Dozens of additional defendants were found guilty in a high-profile trial last year, and the appellant was the only man to appeal against his sentence. He was originally given a sentence to nine years in prison, a sentence enhanced on Thursday to a decade.

The chief prosecutor, the prosecutor, had stated he should serve 12 years, because he “completely denies to take any blame”.

Courtroom Details

Dogan had initially sent Dominique Pelicot graphic images and then traveled an hour from his residence in Provence to rape Gisèle Pelicot, after telling his wife he was going out, the testimony revealed.

Pelicot, who was transported from segregation in prison to briefly provide testimony at the appeal trial, told the court that Dogan had been aware his wife had been “drugged” and he told to men by phone: “I seek someone to assault my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a key topic for a larger conversation on rape culture in society as Dogan continued to assert he was blameless and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had allowed him into the room, his actions had been justifiable.

The panel in the Nîmes appeals court was displayed video evidence of Gisèle Pelicot’s unresponsive form, comatose and breathing heavily in a deep sleep, while a smiling the perpetrator committed rape on several occasions over a period of what investigators stated was several hours. The court official said she had been at danger of fatal outcome by choking. The prosecution said there was no doubt that she had been incapacitated and had not given permission.

Accused's Testimony

The defendant stated to the court the videos were simply “intimate moments” and denied it was violation. He said what he did was “a sexual act”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was permissible. He said he was manipulated by the husband. “I wanted to stop,” Dogan 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 did not intend to hurt that woman.”

Pelicot's Words

The victim, who was applauded upon exiting the courtroom each day by crowds assembled to support her, said to Dogan in court: “You haven’t understood. When will you admit you assaulted me? It’s a crime to rape an unconscious woman. When did I ever give you permission? At no time.”

The victim, seventy-two, became an global icon after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, turning to the victim in court, said the defendant's failure to take responsibility showed that: “Guilt has not shifted. Society is maybe in the midst of that, perhaps driven by the societal understanding brought by the revelation of your case.”

Sie said Dogan’s claims of blamelessness showed how normalized violence was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a ethos of permission.”

The prosecutor said to Dogan: “As long as you deny it, it’s not just a person, it’s an whole disturbing societal structure that you are endorsing.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of 5 came to the nation of France, where his parent worked as a concierge. The court heard that his parent was abusive and that Dogan began smoking cannabis at the age of 10. When Dogan was 17 he was stopped by police for selling narcotics and his parent forced him to leave of home. He spent time in prison for trafficking in his early 20s and had worked as a construction worker but had experienced periods of being unhoused.

He was married and had a child with special needs, who he was the primary guardian for, as his wife worked in a school canteen. The court heard his wife did not know he had repeated extramarital activities beyond their union. His legal team said this was his strategy for managing with his challenging existence. Dogan had told a mental health expert that once a year he sought transactional encounters on his birthday. His legal representatives told the court he had arthritis caused by the pressure of the original case.