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A man was declared guilty on higher court review of sexually assaulting Gisèle Pelicot after she was rendered comatose by her then-husband – and was given his prison sentence extended to a decade.

Retrial Proceedings

The defendant, 44, an out-of-work construction worker, who had contested his first conviction last year, faced a appeal hearing this week at the Nîmes court of appeal.

A jury of nine jurors, accompanied by three judges, convicted Dogan on Thursday of raping the victim in her residence in southern France in the morning of June 29, 2019.

The testimony revealed that Dogan, a married father, reached out to the victim's then husband, Dominique Pelicot, in an internet forum titled “unbeknownst to her”, where Pelicot was looking for men to come to his home to rape his wife after he had drugged her into a unconscious state.

We expect the jury will say loud and clear that in this society, fundamental rights are also rights of women – that agreement is personal, not given by another,” said the victim's attorney, Antoine Camus. “Agreement is secured directly and not through someone else from a husband.”

Background

Dominique Pelicot, one of the worst sexual predators in recent French history, was sentenced to twenty years in prison last year for drugging his then wife and bringing in multiple perpetrators to rape 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 notable trial last year, and Dogan was the sole individual to challenge his conviction. He was initially given a sentence to 9 years in prison, a penalty increased on Thursday to a decade.

The state's attorney, the prosecutor, had stated he should serve twelve 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 village in Provence to rape the victim, after informing his wife he was stepping out, the testimony revealed.

The ex-husband, who was transported from isolation in prison to briefly testify at the retrial, told the court that the accused had known his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to violate my wife after I’ve sedated her unbeknownst to her.”

The proceedings became a focus point for a larger conversation on sexual violence norms in society as Dogan continued to assert he was blameless and had not perpetrated assault, stating that because the victim's husband had allowed him into the bedroom, his behavior had been acceptable.

The panel in the higher court was displayed recorded footage of Gisèle Pelicot’s limp body, comatose and snoring in a comatose state, while a smiling the perpetrator engaged in violation multiple times over a period of what investigators stated was 3.5 hours. The judge said she had been at peril of death by choking. The prosecution said there was absolute certainty that she had been unaware and had not consented.

Dogan's Claims

The defendant told the court the footage were simply “sex scenes” and disputed it was assault. He said what he did was “a consensual activity”, not rape. He declared the court: “I never raped.” He said the victim's husband had brought him to the home, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I attempted to cease,” Dogan informed the court. “I continued because he reassured me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I had no desire to injure that individual.”

Pelicot's Words

The survivor, who was supported upon leaving court each day by crowds assembled to stand with her, addressed Dogan in court: “You fail to comprehend. When will you admit you assaulted me? It is illegal to rape an unaware woman. At what point did I give you consent? Not once.”

Gisèle Pelicot, 72, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, addressing the victim in court, said Dogan’s unwillingness to take accountability showed that: “Shame has not yet changed sides. The public is possibly in the midst of that, possibly motivated by the societal understanding spurred by the publication of your situation.”

The prosecutor said the defendant's claims of non-guilt showed how normalized violence was still common in society as part of “archaic” forms of “male domination”. He said: “We need to change the culture of violence to a society based on agreement.”

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

Personal History

Dogan was originated from the country of Turkey and at the age of five came to the nation of France, where his father worked as a building manager. The testimony revealed that his father was abusive and that Dogan began using drugs at the age of ten. When Dogan was 17 he was apprehended by police for drug trafficking and his parent forced him to leave the residence. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a builder but had undergone periods of homelessness.

He was wed and had a child with Down’s syndrome, who he was the principal carer for, as his wife worked in a institution's dining hall. The testimony revealed his wife did not know he had frequent intimate relations beyond their union. His defence said this was his method of dealing with his stressful life. The defendant had informed a mental health expert that annually he looked for commercial sex on his special day. His attorneys stated to the court he had joint inflammation caused by the stress of the initial proceedings.