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A defendant was declared guilty on higher court review of sexually assaulting Gisèle Pelicot after she was rendered comatose by her spouse – and was given his incarceration period raised to ten years.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had contested his first conviction last year, underwent a new trial this week at the Nîmes court of appeal.

A panel of nine jurors, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her residence in Provence in the early hours of 29 June 2019.

The evidence showed that the accused, a married father, made contact with the victim's spouse, Dominique Pelicot, in an digital platform named “unbeknownst to her”, where the husband was recruiting men to enter his residence to rape his wife once he had sedated her into a comatose state.

“We hope the panel will say loud and clear that in this nation, human rights are also women’s rights – that agreement is personal, not delegated,” said Gisèle Pelicot’s attorney, Antoine Camus. “Permission is secured directly and not via a representative from a husband.”

Context

Dominique Pelicot, one of the worst sexual predators in modern French history, was given a prison term to 20 years in prison last year for drugging his then wife and soliciting numerous individuals to sexually assault her in her home in the Provence village of the village of Mazan over a span of almost a decade of their union.

Numerous other individuals were found convicted in a notable trial last year, and Dogan was the only man to appeal against his conviction. He was originally sentenced to nine years in prison, a sentence enhanced on Thursday to a decade.

The state's attorney, the prosecutor, had contended he should serve twelve years, because he “completely denies to take any responsibility”.

Courtroom Details

Dogan had first sent the husband inappropriate pictures and then traveled an hour from his village in the region to rape Gisèle Pelicot, after notifying his wife he was stepping out, the court heard.

The ex-husband, who was brought from segregation in prison to briefly give evidence at the retrial, informed the court that Dogan had known his wife had been “sedated” and he said to men by phone: “I seek someone to assault my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a key topic for a broader debate on sexual violence norms in society as Dogan continued to say he was innocent and had not committed rape, arguing that because the victim's husband had welcomed him into the room, his conduct had been permissible.

The jury in the Nîmes appeals court was displayed recorded footage of the victim's unresponsive form, sedated and snoring in a deep sleep, while a grinning the perpetrator committed rape multiple times over a timeframe of what authorities reported was several hours. The court official said she had been at risk of fatal outcome by choking. The state's case said there was absolute certainty that she had been unconscious and had not agreed.

Defendant's Statements

Dogan informed the court the footage were simply “sexual encounters” and disputed it was violation. He said what he did was “an intimate behavior”, not rape. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was permissible. He said he was deceived by the husband. “I tried to halt,” Dogan informed the court. “I proceeded because he reassured me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I had no desire to injure that lady.”

Survivor's Statement

The victim, who was cheered upon departing the trial each day by crowds assembled to back her, addressed Dogan in court: “You haven’t understood. When are you going to recognise you assaulted me? It’s a crime to rape an unaware woman. When did I ever 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: “Guilt ought to transfer.”

Legal Commentary

Sie, turning to Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. Society is possibly in the course of that, possibly driven by the societal understanding resulting from the publication of your case.”

Sie said Dogan’s claims of blamelessness showed how societal tolerance was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change the culture of violence to a ethos of permission.”

Sie told Dogan: “While you refuse to admit it, it’s not just a individual, it’s an entire disturbing cultural framework that you are endorsing.”

Defendant's Background

The accused was born in the country of Turkey and at the age of five moved to the nation of France, where his parent worked as a building manager. The court heard that his parent was violent and that Dogan began using drugs aged ten. When he was seventeen he was apprehended by authorities for dealing drugs and his father kicked him out the family house. He was incarcerated in prison for trafficking in his early 20s and had worked as a builder but had experienced periods of homelessness.

He was wed and had a son with special needs, who he was the main caregiver for, as his wife worked in a educational cafeteria. The testimony revealed his wife did not know he had regular sexual encounters beyond their marriage. His defence said this was his method of dealing with his difficult circumstances. The defendant had stated to a evaluator that once a year he looked for transactional encounters on his birthday. His attorneys informed the court he had arthritis resulting from the stress of the original case.