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A defendant was declared guilty on retrial of sexually assaulting Gisèle Pelicot following she was rendered comatose by her husband – and received his incarceration period extended to ten years.

Higher Court Case

The defendant, forty-four, an unemployed builder, who had appealed his first conviction last year, faced a new trial this week at the appeals court in Nîmes.

A jury of five men and four women, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in southern France in the early hours of June 29, 2019.

The testimony revealed that Dogan, a family man, reached out to the victim's then husband, the husband, in an digital platform called “unbeknownst to her”, where the husband was recruiting men to come to his home to assault his wife after he had sedated her into a comatose state.

We trust the court will declare that in this society, human rights are also women’s rights – that consent is individual, not transferred,” said Gisèle Pelicot’s lawyer, her legal representative. “Consent is secured directly and not via a representative from a spouse.”

Context

The husband, among the most severe sexual predators in recent French history, was sentenced to two decades in prison last year for drugging his then wife and inviting numerous individuals to sexually assault her in her home in the community of Mazan over a period of almost a decade of their union.

Dozens of additional defendants were found culpable in a high-profile trial last year, and Dogan was the sole individual to challenge his sentence. He was first given a sentence to 9 years in prison, a penalty enhanced on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had contended he should serve 12 years, because he “absolutely refuses to take any blame”.

Evidence Presented

The defendant had initially sent the husband sexually explicit photos and then traveled an hour from his residence in Provence to rape the victim, after notifying his wife he was going out, the court heard.

The ex-husband, who was brought from isolation in prison to temporarily provide testimony at the appeal trial, told the court that the accused had been aware his wife had been “sedated” and he told to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a key topic for a wider discussion on sexual violence norms in society as Dogan continued to assert he was innocent and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had invited him into the room, his behavior had been justifiable.

The panel in the Nîmes appeals court was displayed recorded footage of the victim's limp body, unconscious and snoring in a deep sleep, while a grinning Dogan committed rape on several occasions over a timeframe of what investigators stated was three and a half hours. The judge said she had been at risk of fatal outcome by suffocation. The state prosecution said there was no question that she had been unaware and had not agreed.

Dogan's Claims

Dogan stated to the court the footage were simply “sex scenes” and rejected it was violation. He said what he did was “an intimate behavior”, not assault. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I carried on because he persuaded me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to hurt that individual.”

Victim's Response

The survivor, who was cheered upon leaving court each day by onlookers present to support her, told the defendant in court: “You fail to comprehend. When are you going to recognise you assaulted me? It is unlawful to assault an unaware woman. At what point did I give you permission? Never.”

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

Legal Commentary

Sie, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take responsibility showed that: “Shame has not yet changed sides. Society is maybe in the midst of that, perhaps propelled by the collective awareness brought by the revelation of your case.”

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: “It is imperative to change rape culture to a ethos of permission.”

Sie said to Dogan: “For as much as you deny it, it’s not just a woman, it’s an whole disturbing societal structure that you are upholding.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of 5 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 aged 10. When Dogan was seventeen he was apprehended by authorities for dealing drugs and his parent forced him to leave the residence. He served time in prison for drug dealing in his twenties and had worked as a builder but had experienced periods of homelessness.

He was wed and had a son with a genetic condition, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had frequent sexual encounters outside their union. His defence said this was his way of coping with his stressful life. The defendant had stated to a court psychologist that each year he engaged in commercial sex on his special day. His legal representatives told the court he had a medical condition caused by the pressure of the original case.