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A defendant was declared guilty on appeal of raping Gisele Pelicot after she was rendered comatose by her husband – and was given his prison sentence increased to 10 years.

Higher Court Case

Dogan, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, faced a appeal hearing this week at the higher court in Nîmes.

A panel of five men and four women, joined by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her bedroom in Provence in the early hours of 29 June 2019.

The court heard that Dogan, a married father, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform named “without her knowledge”, where the husband was recruiting men to enter his residence to rape his wife after he had rendered her unconscious into a deep sleep.

We trust the panel will affirm that in this nation, human rights are also rights of women – that permission is individual, not given by another,” said the victim's attorney, Antoine Camus. “Permission is obtained personally and not via a representative from a spouse.”

Background

Dominique Pelicot, one of the worst sex offenders in France's contemporary records, was given a prison term to 20 years in prison last year for drugging his then wife and bringing in multiple perpetrators to sexually assault her in her home in the community of the village of Mazan over a period of almost a decade of their marriage.

Fifty other men were found culpable in a high-profile trial last year, and the appellant was the only man to appeal against his conviction. He was initially sentenced to 9 years in prison, a punishment enhanced on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had stated he should serve twelve years, because he “absolutely refuses to take any blame”.

Courtroom Details

The defendant had initially sent the husband sexually explicit photos and then traveled an hour from his village in the region to rape the victim, after informing his wife he was going out, the evidence indicated.

Pelicot, who was brought from solitary confinement in prison to briefly give evidence at the retrial, informed the court that the accused had known his wife had been “incapacitated” and he communicated to men by phone: “I want someone to violate my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a focus point for a larger conversation on sexual violence norms in society as Dogan continued to claim he was not guilty and had not engaged in violation, arguing that because the victim's husband had invited him into the residence, his conduct had been permissible.

The panel in the higher court was presented with visual proof of Gisèle Pelicot’s limp body, unconscious and snoring in a deep sleep, while a grinning the perpetrator performed assault on several occasions over a period of what authorities reported was 3.5 hours. The judge said she had been at risk of death by asphyxiation. The state's case said there was no question that she had been unconscious and had not consented.

Defendant's Statements

Dogan informed the court the footage were simply “sex scenes” and rejected it was assault. He said what he did was “a sexual act”, not rape. He told the court: “I am innocent of assault.” He said the victim's husband had allowed him to the house, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I attempted to cease,” Dogan told the court. “I proceeded because he persuaded me.”

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

Victim's Response

Gisèle Pelicot, who was supported upon leaving court each day by onlookers gathered to stand with her, said to Dogan in court: “You haven’t understood. When will you admit you violated me? It’s a crime to rape an incapacitated woman. How could I have give you agreement? Not once.”

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

Prosecutor's Remarks

Sie, addressing the victim in court, said Dogan’s refusal to take blame showed that: “The shame remains. The public is perhaps in the midst of that, maybe driven by the collective awareness resulting from the publication of your ordeal.”

The prosecutor said Dogan’s claims of non-guilt showed how normalized violence was still prevalent in society as part of “outdated” forms of “male domination”. He said: “We need to change the culture of violence to a ethos of permission.”

The prosecutor told the defendant: “While you reject it, it’s not just a individual, it’s an whole disturbing social system that you are upholding.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five relocated to France, where his father worked as a caretaker. The court heard that his parent was abusive and that Dogan began using drugs aged 10. When Dogan was seventeen he was apprehended by police for dealing drugs and his father evicted him the family house. He spent time in prison for drug dealing in his twenties and had worked as a builder but had experienced periods of being unhoused.

He was married and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a school canteen. The court heard his wife did not know he had regular extramarital activities beyond their union. His legal team said this was his strategy for managing with his stressful life. The defendant had stated to a court psychologist that once a year he sought paid sex on his special day. His legal representatives informed the court he had a medical condition triggered by the anxiety of the first trial.