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An individual was convicted on retrial of sexually assaulting Gisèle Pelicot after she was rendered comatose by her then-husband – and has had his incarceration period raised to a decade.

Higher Court Case

Dogan, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, underwent a appeal hearing this week at the Nîmes court of appeal.

A jury of four women and five men, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her residence in Provence in the early hours of June 29, 2019.

The testimony revealed that Dogan, a family man, reached out to Gisèle Pelicot’s spouse, the husband, in an internet forum named “without her knowledge”, where Pelicot was recruiting men to enter his residence to assault his wife once he had drugged her into a comatose state.

We expect the jury will declare that in this country, fundamental rights are also rights of women – that permission is personal, not transferred,” said the victim's lawyer, Antoine Camus. “Consent is obtained personally and not by proxy from a spouse.”

Context

The ex-husband, among the most severe sex offenders in recent French history, was sentenced to twenty years in prison last year for incapacitating his wife at the time and inviting numerous individuals to sexually assault her in her home in the Provence village of Mazan over a duration of almost a decade of their marriage.

Dozens of additional defendants were found guilty in a high-profile trial last year, and the appellant was the only man to contest his verdict. He was originally handed a term to nine years in prison, a punishment enhanced on Thursday to 10 years.

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

Testimony and Proof

The defendant had initially sent Dominique Pelicot graphic images and then driven an hour from his village in the region to rape Gisèle Pelicot, after telling his wife he was stepping out, the testimony revealed.

The ex-husband, who was brought from isolation in prison to briefly testify at the retrial, told the court that the accused had known his wife had been “sedated” and he told to men by phone: “I seek someone to violate my wife after I’ve put her to sleep without her consent.”

The proceedings became a key topic for a wider discussion on rape culture in society as the defendant continued to assert he was not guilty and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his behavior had been acceptable.

The panel in the Nîmes appeals court was presented with recorded footage of the victim's unresponsive form, sedated and breathing heavily in a deep sleep, while a smiling Dogan committed rape repeatedly over a timeframe of what police said was 3.5 hours. The judge said she had been at risk of fatal outcome by choking. The state's case said there was no question that she had been unconscious and had not given permission.

Dogan's Claims

The defendant told the court the videos were simply “sexual encounters” and rejected it was assault. He said what he did was “a sexual act”, not rape. He stated the court: “I am innocent of assault.” He said the victim's husband had allowed him to the house, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused informed the court. “I proceeded because he reassured me.”

Asked if he wanted to make a last words to the court, Dogan said: “I had no desire to harm that woman.”

Victim's Response

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by supporters assembled to back her, addressed the defendant in court: “You fail to comprehend. When will you acknowledge you assaulted me? It’s a crime to assault an unconscious woman. At what point did I give you agreement? Never.”

The victim, 72, became an international feminist hero after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, turning to Gisèle Pelicot in court, said Dogan’s refusal to take accountability showed that: “Guilt has not shifted. Society is possibly in the process of that, possibly motivated by the public consciousness resulting from the publication of your ordeal.”

The prosecutor said the defendant's claims of blamelessness showed how normalized violence was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “We need to change rape culture to a society based on agreement.”

Sie addressed Dogan: “For as much as you refuse to admit it, it’s not just a person, it’s an whole disturbing cultural framework that you are upholding.”

Biographical Details

The accused was originated from Turkey and at the age of five relocated to France, where his father worked as a concierge. The court heard that his parent was aggressive and that Dogan began smoking cannabis at the age of ten. When Dogan was 17 he was stopped by authorities for drug trafficking and his father evicted him of home. He was incarcerated in prison for drug dealing in his twenties and had worked as a builder but had experienced periods of being unhoused.

He was wed and had a child with Down’s syndrome, who he was the principal carer for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had regular sexual encounters outside their marriage. His defence said this was his strategy for managing with his stressful life. The defendant had informed a evaluator that once a year he engaged in commercial sex on his special day. His legal representatives stated to the court he had arthritis caused by the stress of the original case.