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A man was declared guilty on appeal of raping Gisele Pelicot after she was rendered comatose by her then-husband – and received his incarceration period extended to a decade.

Higher Court Case

The defendant, 44, an unemployed builder, who had contested 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, sitting with three judges, ruled against Dogan on Thursday of raping the victim in her bedroom in Provence in the early hours of 29 June 2019.

The court heard that the accused, a married father, connected with the victim's then husband, Dominique Pelicot, in an online chatroom titled “without her knowledge”, where the husband was seeking men to come to his home to assault his wife after he had drugged her into a comatose state.

“We hope the court will affirm that in this country, fundamental rights are also women’s rights – that agreement is personal, not given by another,” said the victim's lawyer, Antoine Camus. “Consent is obtained personally and not by proxy from a husband.”

Context

Dominique Pelicot, a notorious sexual predators in modern French history, was given a prison term to two decades in prison last year for sedating his then wife and soliciting numerous individuals to rape her in her home in the town of the village of Mazan over a span of nearly ten years of their marriage.

Numerous other individuals were found culpable in a widely publicized trial last year, and Dogan was the sole individual to challenge his conviction. He was first handed a term to nine years in prison, a penalty enhanced on Thursday to 10 years.

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

Courtroom Details

The defendant had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in the region to rape Gisèle Pelicot, after informing his wife he was stepping out, the testimony revealed.

The ex-husband, who was transported from isolation in prison to temporarily provide testimony at the hearing, stated to the court that the accused had known his wife had been “sedated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her knowledge.”

The courtroom became a focus point for a broader debate on sexual violence norms in society as the defendant continued to assert he was blameless and had not perpetrated assault, stating that because the victim's husband had welcomed him into the room, his actions had been justifiable.

The jury in the higher court was shown recorded footage of Gisèle Pelicot’s limp body, unconscious and snoring in a comatose state, while a smiling the perpetrator performed assault repeatedly over a timeframe of what authorities reported was several hours. The presiding judge said she had been at risk of fatal outcome by asphyxiation. The prosecution said there was no doubt that she had been unconscious and had not consented.

Dogan's Claims

Dogan stated to the court the recordings were simply “sexual encounters” and denied it was assault. He said what he did was “a sexual act”, not rape. He stated the court: “I did not commit rape.” He said the victim's husband had brought him to the home, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I proceeded because he reassured me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to harm that individual.”

Survivor's Statement

Gisèle Pelicot, who was supported upon leaving court each day by supporters present to stand with her, told the defendant in court: “You fail to comprehend. When will you admit you raped me? It is illegal to rape an unaware woman. When did I ever give you permission? At no time.”

Gisèle Pelicot, 72, became an global icon after she waived 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 Dogan’s unwillingness to take blame showed that: “The shame remains. The public is maybe in the process of that, maybe propelled by the public consciousness brought by the exposure of your case.”

Sie said the defendant's claims of innocence showed how societal tolerance was still common in society as part of “outdated” forms of “male domination”. He said: “We need to change rape culture to a culture of consent.”

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

Personal History

Dogan was born in Turkey and at the age of 5 came to France, where his father worked as a building manager. The evidence indicated that his father was aggressive and that the defendant began consuming marijuana at the age of 10. When Dogan was seventeen he was caught by authorities for dealing drugs and his parent evicted him the residence. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a builder but had experienced periods of being unhoused.

He was married and had a son with special needs, who he was the main caregiver for, as his spouse worked in a school canteen. The court heard his spouse did not know he had repeated intimate relations outside their union. His defence said this was his strategy for managing with his stressful life. Dogan had informed a mental health expert that once a year he sought paid sex on his birthday. His legal representatives informed the court he had joint inflammation resulting from the stress of the original case.