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A defendant was convicted on appeal of sexually assaulting Gisele Pelicot following she was rendered comatose by her husband – and was given his prison sentence raised to ten years.

Appeal Trial

Dogan, forty-four, an unemployed builder, who had appealed his initial guilty verdict last year, experienced a new trial this week at the Nîmes court of appeal.

A panel of five men and four women, joined by three judges, ruled against Dogan on Thursday of raping Pelicot in her residence in southern France in the early hours of 29 June 2019.

The testimony revealed that Dogan, a married father, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform called “unbeknownst to her”, where Pelicot was looking for men to enter his residence to rape his wife after he had rendered her unconscious into a unconscious state.

We expect the court will affirm that in this country, human rights are also rights of women – that consent is personal, not given by another,” said Gisèle Pelicot’s lawyer, her legal representative. “Agreement is received personally and not via a representative from a husband.”

Background

Dominique Pelicot, one of the worst sex offenders in modern French history, was given a prison term to twenty years in prison last year for sedating his then wife and soliciting multiple perpetrators to rape her in her home in the community of the village of Mazan over a span of almost a decade of their marriage.

Fifty other men were found convicted in a widely publicized trial last year, and the appellant was the sole individual to appeal against his verdict. He was first handed a term to nine years in prison, a sentence raised on Thursday to ten years.

The lead state prosecutor, the prosecutor, had argued he should serve twelve years, because he “completely denies to take any responsibility”.

Courtroom Details

The defendant had first sent the husband sexually explicit photos and then driven an hour from his residence in the region to rape the victim, after telling his wife he was going out, the testimony revealed.

The ex-husband, who was brought from segregation in prison to temporarily provide testimony at the appeal trial, informed the court that Dogan had known his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a focus point for a larger conversation on societal attitudes in society as the defendant continued to say he was blameless and had not perpetrated assault, stating that because the victim's husband had allowed him into the bedroom, his actions had been permissible.

The panel in the higher court was displayed video evidence of Gisèle Pelicot’s unresponsive form, comatose and snoring in a comatose state, while a grinning Dogan committed rape multiple times over a period of what investigators stated was several hours. The court official said she had been at peril of death by suffocation. The state prosecution said there was no doubt that she had been unconscious and had not given permission.

Accused's Testimony

The defendant stated to the court the videos were simply “intimate moments” and denied it was rape. He said what he did was “a consensual activity”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I continued because he persuaded me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I never wanted to harm that lady.”

Victim's Response

The survivor, who was applauded upon exiting the courtroom each day by supporters assembled to stand with her, said to the defendant in court: “You haven’t understood. When are you going to recognise you assaulted me? It is illegal to rape an unaware woman. When did I ever give you consent? At no time.”

Gisèle Pelicot, 72, became an global icon after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take blame showed that: “Shame has not yet changed sides. The public is possibly in the course of that, maybe propelled by the societal understanding spurred by the revelation of your situation.”

The prosecutor said the defendant's claims of innocence showed how rape culture was still common in society as part of “archaic” forms of “male domination”. He said: “Now we must change rape culture to a culture of consent.”

The prosecutor said to the defendant: “While you deny it, it’s not just a person, it’s an whole unpleasant social system that you are supporting.”

Biographical Details

The accused was born in the country of Turkey and at the age of five relocated to the nation of France, where his parent worked as a building manager. The court heard that his father was violent and that the defendant began consuming marijuana at the age of 10. When he was seventeen he was caught by authorities for selling narcotics and his father kicked him out the residence. He spent time in prison for narcotics offenses in his early 20s and had worked as a laborer but had experienced periods of living on the streets.

He was married and had a son with Down’s syndrome, who he was the principal carer for, as his wife worked in a institution's dining hall. The testimony revealed 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 stressful life. The defendant had stated to a mental health expert that each year he looked for transactional encounters on his birthday. His legal representatives stated to the court he had joint inflammation triggered by the anxiety of the first trial.