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A defendant was declared guilty on retrial of sexually assaulting Gisèle Pelicot after she was rendered comatose by her then-husband – and received his incarceration period raised to a decade.

Higher Court Case

The defendant, forty-four, an out-of-work construction worker, who had contested his initial guilty verdict last year, underwent a appeal hearing this week at the higher court in Nîmes.

A panel of four women and five men, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her home in Provence in the morning of June 29, 2019.

The testimony revealed that the accused, a family man, connected with the victim's spouse, Dominique Pelicot, in an internet forum named “without her knowledge”, where Pelicot was looking for men to come to his home to rape his wife after he had rendered her unconscious into a deep sleep.

We trust the court will affirm that in this country, human rights are also rights of women – that agreement is individual, not given by another,” stated Gisèle Pelicot’s attorney, her legal representative. “Agreement is obtained personally and not by proxy from a spouse.”

Context

The ex-husband, one of the worst sexual predators in France's contemporary records, was given a prison term to two decades in prison last year for incapacitating his wife at the time and bringing in multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a duration of nearly ten years of their union.

Numerous other individuals were found culpable in a widely publicized trial last year, and Dogan was the only man to contest his verdict. He was first given a sentence to 9 years in prison, a penalty increased on Thursday to a decade.

The chief prosecutor, the prosecutor, had stated he should serve twelve years, because he “completely denies to take any responsibility”.

Testimony and Proof

The defendant had first sent the husband sexually explicit photos and then traveled an hour from his residence in Provence to rape the victim, after informing his wife he was going out, the testimony revealed.

The ex-husband, who was transported from solitary confinement in prison to temporarily testify at the hearing, informed the court that Dogan had understood his wife had been “drugged” and he told to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a key topic for a larger conversation on societal attitudes in society as Dogan continued to assert he was blameless and had not perpetrated assault, arguing that because the victim's husband had invited him into the bedroom, his behavior had been acceptable.

The jury in the Nîmes appeals court was displayed recorded footage of the victim's unconscious figure, sedated and breathing heavily in a comatose state, while a smiling Dogan performed assault multiple times over a period of what investigators stated was several hours. The judge said she had been at danger of fatal outcome by choking. The state prosecution said there was no doubt that she had been unconscious and had not agreed.

Accused's Testimony

The defendant informed the court the recordings were simply “sexual encounters” and disputed it was assault. He said what he did was “a sexual act”, not rape. He declared the court: “I did not commit rape.” He said the victim's husband had allowed him to the residence, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I continued because he convinced me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I never wanted to hurt that lady.”

Victim's Response

Gisèle Pelicot, who was supported upon departing the trial each day by crowds present to stand with her, told Dogan in court: “You fail to comprehend. When will you acknowledge you raped me? It is illegal to rape an unconscious woman. How could I have give you permission? At no time.”

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

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said Dogan’s unwillingness to take responsibility showed that: “The shame remains. Society is maybe in the process of that, maybe driven by the collective awareness brought by the revelation of your ordeal.”

The prosecutor said the defendant's claims of non-guilt showed how rape culture was still prevalent in society as part of “outdated” forms of “male domination”. He said: “We need to change rape culture to a culture of consent.”

The prosecutor addressed the defendant: “While you deny it, it’s not just a person, it’s an entire unpleasant societal structure that you are endorsing.”

Biographical Details

The accused was born in Turkey and at the age of five moved to France, where his father worked as a caretaker. The testimony revealed that his parent was aggressive and that Dogan began smoking cannabis at the age of 10. When Dogan was 17 he was caught by authorities for drug trafficking and his parent forced him to leave the residence. He spent time in prison for narcotics offenses in his young adulthood and had worked as a builder but had experienced periods of being unhoused.

He was married and had a child with Down’s syndrome, who he was the primary guardian for, as his wife worked in a school canteen. The court heard his wife did not know he had regular extramarital activities beyond their union. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had informed a mental health expert that annually he engaged in transactional encounters on his birthday. His attorneys informed the court he had joint inflammation caused by the anxiety of the original case.