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A defendant has been found guilty on retrial of sexually assaulting Gisèle Pelicot after she was rendered comatose by her then-husband – and received his jail term raised to ten years.

Higher Court Case

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

A jury of five men and four women, accompanied by three judges, ruled against Dogan on Thursday of raping the victim in her bedroom in Provence in the morning of June 29, 2019.

The evidence showed that the accused, a married father, made contact with Gisèle Pelicot’s then husband, the husband, in an digital platform called “without her consent”, where Pelicot was recruiting men to enter his residence to assault his wife after he had drugged her into a unconscious state.

“We hope the jury will declare that in this society, fundamental rights are also women’s rights – that permission is individual, not transferred,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is obtained personally and not via a representative from a spouse.”

Context

The husband, among the most severe sexual predators in recent French history, was given a prison term to twenty years in prison last year for sedating his spouse and soliciting numerous individuals to sexually assault her in her home in the community of the village of Mazan over a duration of almost a decade of their marriage.

Fifty other men were found convicted in a high-profile trial last year, and Dogan was the single defendant to challenge his conviction. He was initially given a sentence to 9 years in prison, a penalty increased on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had stated he should serve 12 years, because he “stubbornly rejects to take any blame”.

Evidence Presented

The defendant had first sent the husband inappropriate pictures and then driven an hour from his town in the region to rape the victim, after notifying his wife he was going out, the court heard.

Pelicot, who was brought from segregation in prison to briefly provide testimony at the retrial, informed the court that the accused had understood his wife had been “sedated” and he said to men by phone: “I want someone to abuse my wife after I’ve sedated her without her knowledge.”

The proceedings became a central issue for a wider discussion on rape culture in society as Dogan continued to say he was not guilty and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had welcomed him into the residence, his behavior had been permissible.

The jury in the Nîmes appeals court was displayed visual proof of the victim's limp body, sedated and snoring in a deep sleep, while a grinning the perpetrator committed rape multiple times over a period of what police said was several hours. The judge said she had been at peril of death by choking. The state prosecution said there was no doubt that she had been unconscious and had not consented.

Defendant's Statements

Dogan informed the court the recordings were simply “sex scenes” and denied it was violation. He said what he did was “a consensual activity”, not rape. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused told the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I did not intend to injure that lady.”

Pelicot's Words

The victim, who was cheered upon departing the trial each day by onlookers present to stand with her, told Dogan in court: “You fail to comprehend. When will you acknowledge you raped me? It’s a crime to assault an unconscious woman. At what point did I give you consent? Not once.”

The victim, 72, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take responsibility showed that: “Guilt has not shifted. The community is possibly in the midst of that, perhaps motivated by the societal understanding brought by the revelation of your situation.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still common in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor addressed Dogan: “As long as you refuse to admit it, it’s not just a woman, it’s an complete unpleasant social system that you are supporting.”

Personal History

Dogan was born in the country of Turkey and at the age of 5 moved to the nation of France, where his parent worked as a building manager. The testimony revealed that his parent was abusive and that Dogan began using drugs aged ten. When he was 17 he was caught by police for drug trafficking and his father forced him to leave of home. He served time in prison for trafficking in his young adulthood and had worked as a builder but had undergone periods of living on the streets.

He was married and had a son with a genetic condition, who he was the main caregiver for, as his wife worked in a school canteen. The evidence showed his wife did not know he had repeated extramarital activities beyond their union. His legal team said this was his method of dealing with his stressful life. Dogan had informed a court psychologist that each year he engaged in paid sex on his special day. His legal representatives informed the court he had joint inflammation resulting from the pressure of the original case.