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An individual was declared guilty on appeal of sexually assaulting Gisèle Pelicot following she was rendered comatose by her husband – and has had his jail term increased to 10 years.

Appeal Trial

Dogan, 44, an unemployed builder, who had appealed 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, accompanied by three judges, ruled against Dogan on Thursday of raping the victim in her home in southern France in the morning of June 29, 2019.

The evidence showed that the accused, a family man, connected with the victim's spouse, the husband, in an online chatroom named “without her knowledge”, where Pelicot was seeking men to visit his house to rape his wife once he had rendered her unconscious into a deep sleep.

“We hope the panel will say loud and clear that in this society, fundamental rights are also women’s rights – that agreement is personal, not delegated,” stated Gisèle Pelicot’s lawyer, her legal representative. “Agreement is secured directly and not via a representative from a spouse.”

Context

Dominique Pelicot, a notorious sex offenders in recent French history, was handed a sentence to two decades in prison last year for incapacitating his wife at the time and bringing in multiple perpetrators to sexually assault her in her home in the community of Mazan over a period of nearly ten years of their marriage.

Fifty other men were found culpable in a high-profile trial last year, and Dogan was the sole individual to appeal against his sentence. He was initially handed a term to 9 years in prison, a penalty enhanced on Thursday to 10 years.

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

Evidence Presented

Dogan had initially sent Dominique Pelicot graphic images and then driven an hour from his village in Provence to rape the victim, after informing his wife he was leaving, the testimony revealed.

Pelicot, who was transported from solitary confinement in prison to temporarily give evidence at the hearing, stated to the court that Dogan had known his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep without her knowledge.”

The trial became a central issue for a broader debate on sexual violence norms in society as Dogan continued to claim he was blameless and had not engaged in violation, contending that because the victim's husband had welcomed him into the residence, his behavior had been justifiable.

The jury in the higher court was displayed video evidence of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a comatose state, while a smiling Dogan committed rape multiple times over a period of what authorities reported was three and a half hours. The judge said she had been at danger of death by asphyxiation. The state prosecution said there was absolute certainty that she had been incapacitated and had not agreed.

Dogan's Claims

Dogan informed the court the footage were simply “sex scenes” and rejected it was violation. He said what he did was “a sexual act”, not rape. He declared the court: “I did not commit rape.” He said the victim's husband had allowed him to the house, and therefore it was permissible. He said he was manipulated by the husband. “I wanted to stop,” Dogan stated to the court. “I continued because he convinced me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I never wanted to hurt that individual.”

Victim's Response

The victim, who was applauded upon exiting the courtroom each day by onlookers present to stand with her, addressed the defendant in court: “You fail to comprehend. When are you going to recognise you assaulted me? It’s a crime to assault an incapacitated woman. How could I have give you permission? 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: “The shame should shift.”

Legal Commentary

The prosecutor, speaking to the victim in court, said Dogan’s failure to take accountability showed that: “Shame has not yet changed sides. The community is possibly in the process of that, perhaps driven by the collective awareness resulting from the revelation of your case.”

The prosecutor said Dogan’s claims of blamelessness showed how rape culture was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change rape culture to a ethos of permission.”

Sie told Dogan: “As long as you reject it, it’s not just a person, it’s an whole disturbing social system that you are supporting.”

Personal History

The accused was born in Turkey and at the age of 5 came to the nation of France, where his father worked as a caretaker. The testimony revealed that his parent was aggressive and that the defendant began using drugs at the age of 10. When he was seventeen he was caught by police for selling narcotics and his parent forced him to leave the family house. He served time in prison for trafficking in his early 20s and had worked as a construction worker but had undergone periods of homelessness.

He was wed and had a son with Down’s syndrome, who he was the principal carer for, as his wife worked in a school canteen. The evidence showed his wife did not know he had regular intimate relations outside their marriage. His defence said this was his way of coping with his difficult circumstances. Dogan had informed a court psychologist that each year he engaged in commercial sex on his special day. His legal representatives stated to the court he had arthritis caused by the anxiety of the initial proceedings.