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A man was declared guilty on higher court review of sexually assaulting Gisele Pelicot following she was rendered comatose by her husband – and was given his prison sentence extended to ten years.

Retrial Proceedings

Dogan, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, faced a appeal hearing this week at the higher court in Nîmes.

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

The evidence showed that Dogan, a family man, made contact with the victim's then husband, Dominique Pelicot, in an digital platform named “without her consent”, where the husband was looking for men to visit his house to assault his wife after he had drugged her into a comatose state.

We trust the panel will declare that in this country, fundamental rights are also rights of women – that consent is individual, not delegated,” stated the victim's attorney, her legal representative. “Agreement is received personally and not through someone else from a husband.”

Context

The ex-husband, a notorious sexual predators in modern French history, was given a prison term to twenty years in prison last year for drugging his spouse and bringing in numerous individuals to rape her in her home in the town of Mazan over a period of nearly ten years of their union.

Numerous other individuals were found culpable in a notable trial last year, and the appellant was the sole individual to contest his verdict. He was first handed a term to nine years in prison, a punishment increased on Thursday to ten years.

The state's attorney, the prosecutor, had argued he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Evidence Presented

The defendant had first sent Dominique Pelicot graphic images and then driven an hour from his residence in the region to rape Gisèle Pelicot, after notifying his wife he was going out, the court heard.

The ex-husband, who was brought from isolation in prison to briefly testify at the hearing, told the court that Dogan had understood his wife had been “sedated” and he said to men by phone: “I want someone to assault my wife after I’ve put her to sleep without her knowledge.”

The courtroom became a central issue for a broader debate on rape culture in society as Dogan continued to claim he was not guilty and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his behavior had been justifiable.

The panel in the higher court was shown recorded footage of the victim's unconscious figure, comatose and breathing heavily in a deep sleep, while a grinning Dogan performed assault multiple times over a duration of what investigators stated was several hours. The court official said she had been at risk of death by asphyxiation. The state's case said there was absolute certainty that she had been unaware and had not given permission.

Defendant's Statements

The defendant informed the court the videos were simply “intimate moments” and rejected it was assault. He said what he did was “an intimate behavior”, not assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was permissible. He said he was manipulated by the husband. “I tried to halt,” the accused told the court. “I continued because he reassured me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I never wanted to harm that lady.”

Victim's Response

The survivor, who was cheered upon exiting the courtroom each day by supporters present to back her, addressed the defendant in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is unlawful to assault an incapacitated woman. When did I ever give you permission? Never.”

Gisèle Pelicot, seventy-two, became an global icon after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said Dogan’s failure to take accountability showed that: “Shame has not yet changed sides. Society is perhaps in the process of that, perhaps motivated by the collective awareness resulting from the publication of your situation.”

Sie said Dogan’s claims of blamelessness showed how normalized violence was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “Now we must change rape culture to a ethos of permission.”

Sie told Dogan: “As long as you deny it, it’s not just a person, it’s an whole sordid societal structure that you are endorsing.”

Personal History

Dogan was originated from Turkey and at the age of five came to France, where his parent worked as a building manager. The testimony revealed that his father was violent and that the defendant began consuming marijuana at the age of ten. When Dogan was seventeen he was stopped by police for selling narcotics and his parent evicted him of home. He spent time in prison for narcotics offenses in his early 20s and had worked as a construction worker but had faced periods of homelessness.

He was wed and had a son with special needs, 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 regular sexual encounters beyond their union. His legal team said this was his way of coping with his challenging existence. The defendant had told a mental health expert that each year he engaged in paid sex on his special day. His lawyers stated to the court he had arthritis caused by the stress of the initial proceedings.