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A man was convicted on higher court review of sexually assaulting Gisele Pelicot after she was rendered comatose by her spouse – and was given his jail term extended to 10 years.

Higher Court Case

The defendant, 44, an out-of-work construction worker, who had contested his first conviction last year, faced a appeal hearing this week at the appeals court in Nîmes.

A panel of nine jurors, joined by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her home in the south of France in the morning of June 29, 2019.

The evidence showed that the accused, a married father, made contact with Gisèle Pelicot’s spouse, the husband, in an digital platform called “without her consent”, where Pelicot was recruiting men to enter his residence to rape his wife once he had sedated her into a comatose state.

We expect the jury will affirm that in this nation, fundamental rights are also women’s rights – that agreement is personal, not given by another,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is received personally and not via a representative from a spouse.”

Context

The ex-husband, among the most severe sex offenders in France's contemporary records, was handed a sentence to two decades in prison last year for drugging his wife at the time and soliciting dozens of men to rape her in her home in the town of Mazan over a span of nearly ten years of their union.

Dozens of additional defendants were found convicted in a high-profile trial last year, and Dogan was the single defendant to appeal against his sentence. He was first sentenced to nine years in prison, a penalty raised on Thursday to 10 years.

The state's attorney, the prosecutor, had stated he should serve twelve years, because he “completely denies to take any blame”.

Courtroom Details

Dogan had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his residence in the region to rape Gisèle Pelicot, after telling his wife he was going out, the evidence indicated.

The ex-husband, who was transported from segregation in prison to temporarily give evidence at the retrial, informed the court that the accused had been aware his wife had been “incapacitated” and he communicated to men by phone: “I want someone to abuse my wife after I’ve put her to sleep without her knowledge.”

The trial became a key topic for a wider discussion on sexual violence norms in society as Dogan continued to assert he was blameless and had not engaged in violation, arguing that because the victim's husband had allowed him into the residence, his behavior had been justifiable.

The panel in the higher court was displayed recorded footage of the victim's unresponsive form, sedated and snoring in a deep sleep, while a smiling the perpetrator committed rape on several occasions over a period of what investigators stated was three and a half hours. The judge said she had been at peril of death by choking. The prosecution said there was no doubt that she had been incapacitated and had not given permission.

Accused's Testimony

The defendant told the court the recordings were simply “intimate moments” and disputed it was assault. He said what he did was “an intimate behavior”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I attempted to cease,” the accused informed the court. “I carried on because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to hurt that lady.”

Pelicot's Words

The survivor, who was supported upon exiting the courtroom each day by supporters present to stand with her, addressed the defendant in court: “You fail to comprehend. When are you going to recognise you raped me? It’s a crime to rape an unconscious woman. When did I ever give you agreement? Not once.”

The victim, 72, became an international feminist hero after she relinquished her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take blame showed that: “The shame remains. The public is possibly in the course of that, maybe driven by the collective awareness brought by the publication of your case.”

Sie said the defendant's claims of innocence showed how normalized violence was still common in society as part of “old-fashioned” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

Sie said to the defendant: “For as much as you deny it, it’s not just a individual, it’s an entire unpleasant cultural framework that you are supporting.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of 5 relocated to the nation of France, where his father worked as a caretaker. The evidence indicated that his parent was aggressive and that Dogan began smoking cannabis at the age of ten. When Dogan was 17 he was stopped by authorities for selling narcotics and his father forced him to leave of home. He served time in prison for narcotics offenses in his early 20s and had worked as a laborer but had undergone periods of living on the streets.

He was wed and had a child with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a school canteen. The evidence showed his spouse did not know he had frequent sexual encounters beyond their union. His legal team said this was his method of dealing with his difficult circumstances. The defendant had informed a mental health expert that annually he sought commercial sex on his special day. His legal representatives stated to the court he had a medical condition caused by the anxiety of the original case.