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

Retrial Proceedings

Dogan, forty-four, an unemployed builder, who had contested his initial guilty verdict last year, experienced a retrial this week at the appeals court in Nîmes.

A jury of five men and four women, sitting with three judges, ruled against Dogan on Thursday of raping Pelicot in her residence in Provence in the early hours of 29 June 2019.

The court heard that Dogan, a family man, reached out to Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum called “without her consent”, where the husband was looking for men to enter his residence to assault his wife after he had sedated her into a deep sleep.

We trust the panel will say loud and clear that in this country, fundamental rights are also rights of women – that permission is personal, not delegated,” stated the victim's attorney, Antoine Camus. “Permission is secured directly and not via a representative from a spouse.”

Background

Dominique Pelicot, among the most severe sex offenders in recent French history, was handed a sentence to twenty years in prison last year for drugging his wife at the time and soliciting dozens of men to sexually assault her in her home in the Provence village of the village of Mazan over a period of many years of their union.

Fifty other men were found culpable in a high-profile trial last year, and the appellant was the only man to challenge his verdict. He was first sentenced to nine years in prison, a penalty raised on Thursday to ten years.

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

Testimony and Proof

The defendant had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his town in the region to assault the victim, after notifying his wife he was going out, the court heard.

The ex-husband, who was transported from segregation in prison to temporarily testify at the appeal trial, stated to the court that the accused had known his wife had been “drugged” and he said to men by phone: “I want someone to violate my wife after I’ve put her to sleep without her knowledge.”

The trial became a key topic for a larger conversation on sexual violence norms in society as Dogan continued to claim he was blameless and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had welcomed him into the residence, his actions had been acceptable.

The jury in the Nîmes appeals court was displayed recorded footage of the victim's unresponsive form, sedated and breathing heavily in a deep sleep, while a smiling the perpetrator committed rape multiple times over a period of what police said was several hours. The judge said she had been at danger of fatal outcome by suffocation. The state's case said there was no question that she had been unaware and had not given permission.

Dogan's Claims

Dogan informed the court the recordings were simply “sex scenes” and rejected it was violation. He said what he did was “a consensual activity”, not rape. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was permissible. He said he was influenced by the husband. “I wanted to stop,” Dogan told the court. “I carried on because he persuaded me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to hurt that woman.”

Pelicot's Words

The victim, who was supported upon departing the trial each day by supporters gathered to back her, addressed the defendant in court: “You fail to comprehend. When will you acknowledge you raped me? It’s a crime to assault an unconscious woman. How could I have give you permission? Not once.”

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

State's Argument

Sie, addressing Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “Guilt has not shifted. The public is perhaps in the process of that, perhaps motivated by the public consciousness spurred by the publication of your case.”

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

Sie addressed Dogan: “While you refuse to admit it, it’s not just a individual, it’s an whole sordid cultural framework that you are supporting.”

Personal History

Dogan was originated from the country of Turkey and at the age of 5 moved to France, where his father worked as a concierge. The court heard that his parent was abusive and that Dogan began consuming marijuana at the age of 10. When he was 17 he was caught by authorities for selling narcotics and his parent evicted him of home. He was incarcerated in prison for drug dealing in his early 20s and had worked as a construction worker but had undergone periods of being unhoused.

He was wed and had a son with special needs, who he was the principal carer for, as his spouse worked in a school canteen. The testimony revealed his spouse did not know he had frequent sexual encounters outside their union. His defence said this was his strategy for managing with his challenging existence. The defendant had stated to a court psychologist that each year he looked for paid sex on his special day. His lawyers stated to the court he had arthritis resulting from the stress of the first trial.