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An individual was declared guilty on appeal of raping Gisele Pelicot after she was rendered comatose by her husband – and received his incarceration period extended to 10 years.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, experienced a appeal hearing this week at the Nîmes court of appeal.

A panel of four women and five men, accompanied by three judges, found Dogan guilty on Thursday of raping the victim in her home in southern France in the morning of June 29, 2019.

The court heard that the accused, a married father, reached out to the victim's spouse, Dominique Pelicot, in an internet forum titled “unbeknownst to her”, where Pelicot was recruiting men to visit his house to rape his wife after he had drugged her into a comatose state.

We expect the panel will declare that in this nation, fundamental rights are also women’s rights – that permission is individual, not transferred,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Permission is secured personally and not through someone else from a husband.”

Case History

Dominique Pelicot, a notorious sex offenders in modern French history, was handed a sentence to 20 years in prison last year for sedating his wife at the time and bringing in dozens of men to sexually assault her in her home in the Provence village of Mazan over a period of almost a decade of their marriage.

Numerous other individuals 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 9 years in prison, a penalty enhanced on Thursday to ten years.

The state's attorney, the prosecutor, had stated he should serve 12 years, because he “completely denies to take any accountability”.

Evidence Presented

Dogan had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his residence in the region to assault the victim, after notifying his wife he was stepping out, the evidence indicated.

Pelicot, who was transported from isolation in prison to temporarily provide testimony at the appeal trial, told the court that Dogan had known his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to violate my wife after I’ve sedated her without her knowledge.”

The courtroom became a central issue for a wider discussion on societal attitudes in society as the defendant continued to say he was innocent and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his behavior had been permissible.

The jury in the Nîmes appeals court was presented with recorded footage of Gisèle Pelicot’s limp body, comatose and snoring in a unconscious condition, while a smiling Dogan engaged in violation repeatedly over a period of what police said was three and a half hours. The presiding judge said she had been at risk of fatal outcome by suffocation. The state prosecution said there was absolute certainty that she had been unconscious and had not agreed.

Accused's Testimony

The defendant stated to the court the videos were simply “sexual encounters” and disputed it was violation. He said what he did was “a sexual act”, not rape. He stated 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 deceived by Dominique Pelicot. “I tried to halt,” the accused stated to the court. “I proceeded because he reassured me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I had no desire to injure that individual.”

Pelicot's Words

The victim, who was applauded upon leaving court each day by supporters assembled to support her, told the defendant in court: “You fail to comprehend. When will you admit you violated me? It is unlawful to assault an unconscious woman. When did I ever give you consent? At no time.”

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

Prosecutor's Remarks

Sie, speaking to the victim in court, said the defendant's unwillingness to take responsibility showed that: “The shame remains. Society is maybe in the course of that, perhaps motivated by the collective awareness spurred by the exposure of your situation.”

The prosecutor said the defendant's claims of non-guilt showed how normalized violence was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a culture of consent.”

The prosecutor addressed Dogan: “As long as you refuse to admit it, it’s not just a person, it’s an entire unpleasant societal structure that you are supporting.”

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 concierge. The court heard that his parent was violent and that the defendant began consuming marijuana at the age of ten. When he was 17 he was stopped by police for dealing drugs and his parent forced him to leave the family house. He was incarcerated in prison for trafficking in his twenties and had worked as a construction worker but had experienced periods of being unhoused.

He was wed and had a child with a genetic condition, who he was the principal carer for, as his wife worked in a school canteen. The court heard his spouse did not know he had frequent sexual encounters beyond their marriage. His legal team said this was his way of coping with his challenging existence. Dogan had told a court psychologist that each year he sought paid sex on his special day. His legal representatives informed the court he had joint inflammation caused by the pressure of the original case.