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An individual was declared guilty on appeal of sexually assaulting Gisèle Pelicot after she was rendered comatose by her spouse – and was given his prison sentence extended to 10 years.

Appeal Trial

The defendant, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, faced a new trial this week at the Nîmes court of appeal.

A panel of four women and five men, accompanied by three judges, ruled against Dogan on Thursday of raping the victim in her bedroom in the south of France in the morning of 29 June 2019.

The testimony revealed that Dogan, a married father, connected with the victim's then husband, Dominique Pelicot, in an online chatroom named “without her consent”, where the husband was recruiting men to enter his residence to assault his wife after he had rendered her unconscious into a comatose state.

We trust the court will affirm that in this nation, fundamental rights are also women’s rights – that consent is individual, not given by another,” declared the victim's attorney, Antoine Camus. “Permission is secured directly and not via a representative from a husband.”

Background

Dominique Pelicot, among the most severe sex offenders in France's contemporary records, was sentenced to two decades in prison last year for drugging his spouse and bringing in dozens of men to rape her in her home in the town of the village of Mazan over a duration of many years of their union.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and the appellant was the only man to contest his verdict. He was originally given a sentence to 9 years in prison, a penalty enhanced on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had contended he should serve twelve years, because he “completely denies to take any responsibility”.

Courtroom Details

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

Pelicot, who was brought from solitary confinement in prison to temporarily testify at the retrial, stated to the court that Dogan had known his wife had been “sedated” and he communicated to men by phone: “I want someone to violate my wife after I’ve sedated her unbeknownst to her.”

The proceedings became a key topic for a broader debate on sexual violence norms in society as the defendant continued to claim he was not guilty and had not engaged in violation, arguing that because the victim's husband had welcomed him into the bedroom, his behavior had been acceptable.

The panel in the Nîmes appeals court was shown visual proof of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a comatose state, while a grinning Dogan committed rape repeatedly over a timeframe of what police said was several hours. The presiding judge said she had been at danger of death by choking. The prosecution said there was no question that she had been unaware and had not given permission.

Defendant's Statements

The defendant told the court the videos were simply “intimate moments” and denied it was rape. He said what he did was “a sexual act”, not assault. He told the court: “I am innocent of assault.” He said the victim's husband had invited him to the home, and therefore it was acceptable. He said he was deceived by the husband. “I wanted to stop,” Dogan stated to the court. “I proceeded because he convinced me.”

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

Victim's Response

The victim, who was applauded upon departing the trial each day by supporters assembled to back her, told Dogan in court: “You fail to comprehend. When will you acknowledge you raped me? It is illegal to rape an unconscious woman. At what point did I give you permission? Not once.”

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

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said Dogan’s failure to take blame showed that: “The shame remains. The community is perhaps in the course of that, possibly driven by the collective awareness brought by the exposure of your case.”

Sie said Dogan’s claims of innocence showed how rape culture was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change rape culture to a ethos of permission.”

Sie told Dogan: “While you reject it, it’s not just a person, it’s an whole sordid social system that you are upholding.”

Personal History

Dogan was originated from the country of Turkey and at the age of 5 came to the nation of France, where his parent worked as a caretaker. The evidence indicated that his father was abusive and that Dogan began using drugs at the age of 10. When he was seventeen he was stopped by authorities for selling narcotics and his parent forced him to leave of home. He was incarcerated in prison for trafficking in his young adulthood and had worked as a construction worker but had undergone periods of being unhoused.

He was married and had a child with special needs, who he was the main caregiver for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had repeated extramarital activities beyond their marriage. His defence said this was his method of dealing with his challenging existence. The defendant had told a court psychologist that each year he sought transactional encounters on his special day. His attorneys told the court he had joint inflammation resulting from the pressure of the initial proceedings.