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An individual was convicted on appeal of sexually assaulting Gisele Pelicot after she was rendered comatose by her spouse – and has had his jail term extended to a decade.

Higher Court Case

The defendant, forty-four, an out-of-work construction worker, who had contested his first conviction last year, underwent a retrial this week at the Nîmes court of appeal.

A jury of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her home in the south of France in the early hours of 29 June 2019.

The testimony revealed that Dogan, a married father, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum titled “unbeknownst to her”, where the husband was seeking men to enter his residence to rape his wife once he had sedated her into a deep sleep.

“We hope the court will say loud and clear that in this society, human rights are also women’s rights – that agreement is personal, not given by another,” declared the victim's attorney, Antoine Camus. “Consent is received directly and not via a representative from a spouse.”

Background

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 then wife and inviting numerous individuals to rape her in her home in the community of Mazan over a span of many years of their union.

Numerous other individuals were found culpable in a widely publicized trial last year, and the appellant was the sole individual to challenge his conviction. He was first given a sentence to nine years in prison, a penalty enhanced on Thursday to ten years.

The lead state prosecutor, the prosecutor, had argued he should serve 12 years, because he “completely denies to take any responsibility”.

Courtroom Details

The defendant had first sent Dominique Pelicot graphic images and then traveled an hour from his town in Provence to rape Gisèle Pelicot, after telling his wife he was leaving, the evidence indicated.

Pelicot, who was transported from segregation in prison to temporarily testify at the hearing, stated to the court that Dogan had been aware his wife had been “sedated” and he said to men by phone: “I seek someone to violate my wife after I’ve sedated her without her consent.”

The trial became a focus point for a broader debate on societal attitudes in society as the defendant continued to claim he was blameless and had not engaged in violation, contending that because Gisèle Pelicot’s husband had welcomed him into the room, his conduct had been permissible.

The panel in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s unconscious figure, comatose and snoring in a deep sleep, while a smiling Dogan performed assault repeatedly over a period of what authorities reported was 3.5 hours. The court official said she had been at danger of death by choking. The prosecution said there was no question that she had been incapacitated and had not consented.

Accused's Testimony

The defendant stated to the court the recordings were simply “sex scenes” and disputed it was rape. He said what he did was “a sexual act”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan informed the court. “I continued because he persuaded me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to hurt that individual.”

Victim's Response

Gisèle Pelicot, who was supported upon leaving court each day by crowds assembled to support her, told the defendant in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is unlawful to assault an incapacitated woman. How could I have give you permission? At no time.”

Gisèle Pelicot, 72, became an international feminist hero after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, turning to the victim in court, said Dogan’s refusal to take accountability showed that: “The shame remains. Society is maybe in the process of that, maybe motivated by the collective awareness spurred by the revelation of your ordeal.”

Sie said the defendant's claims of non-guilt showed how rape culture was still widespread in society as part of “archaic” forms of “gender-based power”. He said: “Now we must change the culture of violence to a culture of consent.”

Sie told Dogan: “As long as you refuse to admit it, it’s not just a woman, it’s an entire unpleasant cultural framework that you are supporting.”

Biographical Details

The accused was born in Turkey and at the age of 5 came to the nation of France, where his father worked as a building manager. The court heard that his parent was aggressive and that the defendant began consuming marijuana aged 10. When Dogan was seventeen he was caught by authorities for dealing drugs and his parent evicted him the family house. He served time in prison for narcotics offenses in his young adulthood and had worked as a laborer but had faced periods of being unhoused.

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 spouse did not know he had regular sexual encounters beyond their union. His defence said this was his strategy for managing with his challenging existence. The defendant had stated to a mental health expert that once a year he sought commercial sex on his birthday. His attorneys informed the court he had joint inflammation triggered by the anxiety of the original case.