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An individual was convicted on appeal of sexually assaulting Gisèle Pelicot following she was rendered comatose by her then-husband – and has had his prison sentence extended to a decade.

Higher Court Case

Dogan, 44, an unemployed builder, who had contested his first conviction last year, underwent a appeal hearing this week at the appeals court in Nîmes.

A jury of nine jurors, joined by three judges, convicted Dogan on Thursday of raping Pelicot in her residence in the south of France in the early hours of 29 June 2019.

The court heard that the accused, a married father, made contact with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom called “without her knowledge”, where Pelicot was looking for men to enter his residence to assault his wife once he had sedated her into a comatose state.

“We hope the court will say loud and clear that in this society, human rights are also rights of women – that agreement is individual, not given by another,” declared the victim's attorney, her legal representative. “Permission is received directly and not through someone else from a spouse.”

Context

The husband, among the most severe sexual predators in recent French history, was given a prison term to 20 years in prison last year for drugging his wife at the time and soliciting multiple perpetrators to rape her in her home in the town of Mazan over a duration of many years of their union.

Numerous other individuals were found culpable in a notable trial last year, and the appellant was the only man to challenge his sentence. He was first given a sentence to nine years in prison, a sentence raised on Thursday to 10 years.

The state's attorney, the prosecutor, had stated he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his village in the region to rape the victim, after telling his wife he was leaving, the court heard.

Pelicot, who was transported from segregation in prison to temporarily provide testimony at the hearing, stated to the court that the accused had understood his wife had been “incapacitated” and he said to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a key topic for a broader debate on societal attitudes in society as the defendant continued to claim he was blameless and had not engaged in violation, stating that because Gisèle Pelicot’s husband had allowed him into the bedroom, his behavior had been acceptable.

The panel in the higher court was displayed visual proof of the victim's unresponsive form, comatose and snoring in a unconscious condition, while a grinning the perpetrator committed rape on several occasions over a timeframe of what authorities reported was 3.5 hours. The court official said she had been at peril of fatal outcome by choking. The state prosecution said there was no doubt that she had been incapacitated and had not given permission.

Dogan's Claims

The defendant informed the court the videos were simply “intimate moments” and disputed it was assault. He said what he did was “a sexual act”, not assault. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I carried on because he reassured me.”

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

Victim's Response

The victim, who was cheered upon leaving court each day by onlookers present to support her, addressed Dogan in court: “You fail to comprehend. When are you going to recognise you raped me? It is illegal to assault an unconscious woman. At what point did I give you consent? Never.”

Gisèle Pelicot, 72, became an global icon after she waived her right to anonymity in the trial last year when she said: “The shame should shift.”

State's Argument

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “The shame remains. The public is maybe in the process of that, perhaps motivated by the collective awareness resulting from the publication of your situation.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

The prosecutor said to the defendant: “While you refuse to admit it, it’s not just a individual, it’s an complete unpleasant social system that you are upholding.”

Personal History

Dogan was originated from the country of Turkey and at the age of five moved to France, where his father worked as a building manager. The evidence indicated that his father was abusive and that Dogan began consuming marijuana at the age of 10. When he was seventeen he was caught by police for drug trafficking and his parent forced him to leave of home. He served time in prison for narcotics offenses in his twenties and had worked as a laborer but had experienced periods of being unhoused.

He was married and had a child with a genetic condition, 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 repeated intimate relations beyond their union. His legal team said this was his strategy for managing with his challenging existence. The defendant had told a court psychologist that once a year he sought paid sex on his birthday. His legal representatives stated to the court he had a medical condition resulting from the pressure of the original case.