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A defendant was declared guilty on higher court review of raping Gisele Pelicot after she was rendered comatose by her spouse – and has had his incarceration period extended to ten years.

Retrial Proceedings

Dogan, 44, an unemployed builder, who had challenged his initial guilty verdict last year, underwent a appeal hearing this week at the higher court in Nîmes.

A jury of four women and five men, accompanied by three judges, ruled against Dogan on Thursday of raping the victim in her home in southern France in the early hours of June 29, 2019.

The testimony revealed that the accused, a married father, reached out to the victim's spouse, Dominique Pelicot, in an internet forum called “without her knowledge”, where the husband was recruiting men to enter his residence to assault his wife once he had rendered her unconscious into a unconscious state.

“We hope the jury will declare that in this nation, human rights are also women’s rights – that permission is individual, not given by another,” said the victim's attorney, her legal representative. “Consent is received directly and not via a representative from a spouse.”

Context

The ex-husband, among the most severe sex offenders in modern French history, was handed a sentence to 20 years in prison last year for drugging his then wife and soliciting multiple perpetrators to rape her in her home in the town of Mazan over a duration of many years of their union.

Fifty other men were found guilty in a notable trial last year, and the appellant was the only man to appeal against his sentence. He was first handed a term to nine years in prison, a punishment raised on Thursday to ten years.

The state's attorney, the prosecutor, had contended he should serve twelve years, because he “stubbornly rejects to take any blame”.

Courtroom Details

The defendant had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in the region to rape Gisèle Pelicot, after telling his wife he was going out, the testimony revealed.

Pelicot, who was transported from solitary confinement in prison to briefly testify at the appeal trial, stated to the court that the accused had known his wife had been “incapacitated” and he told to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a focus point for a broader debate on societal attitudes in society as Dogan continued to claim he was innocent and had not engaged in violation, arguing that because the victim's husband had welcomed him into the room, his conduct had been acceptable.

The jury in the higher court was displayed visual proof of the victim's limp body, sedated and breathing heavily in a unconscious condition, while a grinning the perpetrator performed assault repeatedly over a duration of what police said was several hours. The court official said she had been at danger of death by asphyxiation. The state's case said there was no doubt that she had been unconscious and had not agreed.

Dogan's Claims

Dogan informed the court the videos were simply “sex scenes” and rejected it was violation. He said what he did was “an intimate behavior”, not assault. He stated the court: “I never raped.” He said the victim's husband had brought him to the home, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I tried to halt,” Dogan stated to the court. “I carried on because he persuaded me.”

Asked if he wanted to make a last words to the court, the defendant said: “I did not intend to harm that lady.”

Survivor's Statement

Gisèle Pelicot, who was applauded upon leaving court each day by onlookers assembled to support her, told the defendant in court: “You fail to comprehend. When will you acknowledge you violated me? It is illegal to assault an unaware woman. At what point did I give you agreement? At no time.”

Gisèle Pelicot, seventy-two, became an global icon after she gave up her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “The shame remains. The public is perhaps in the midst of that, perhaps propelled by the public consciousness brought by the revelation of your ordeal.”

Sie said Dogan’s claims of blamelessness showed how rape culture 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 culture of consent.”

The prosecutor addressed Dogan: “While you refuse to admit it, it’s not just a woman, it’s an complete sordid social system that you are endorsing.”

Personal History

The accused was originated from Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a building manager. The testimony revealed that his father was violent and that the defendant began smoking cannabis at the age of ten. When he was seventeen he was apprehended by police for drug trafficking and his parent evicted him the residence. He was incarcerated in prison for trafficking in his early 20s and had worked as a laborer but had faced periods of living on the streets.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The testimony revealed his wife did not know he had frequent extramarital activities outside their marriage. His legal team said this was his strategy for managing with his difficult circumstances. The defendant had informed a mental health expert that each year he sought paid sex on his special day. His lawyers stated to the court he had a medical condition caused by the stress of the initial proceedings.