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An individual was declared guilty on appeal of sexually assaulting Gisèle Pelicot after she was rendered comatose by her then-husband – and received his jail term increased to ten years.

Retrial Proceedings

Dogan, forty-four, an out-of-work construction worker, who had appealed his initial guilty verdict last year, underwent a new trial this week at the appeals court in Nîmes.

A jury of nine jurors, joined by three judges, convicted Dogan on Thursday of raping the victim in her home in the south of France in the morning of 29 June 2019.

The court heard that the accused, a married father, reached out to the victim's husband at the time, Dominique Pelicot, in an internet forum called “without her knowledge”, where Pelicot was recruiting men to enter his residence to assault his wife after he had rendered her unconscious into a comatose state.

“We hope the court will affirm that in this country, human rights are also rights of women – that agreement is individual, not given by another,” said the victim's lawyer, Antoine Camus. “Consent is obtained personally and not through someone else from a husband.”

Background

Dominique Pelicot, one of the worst sexual predators in France's contemporary records, was handed a sentence to twenty years in prison last year for drugging his then wife and soliciting numerous individuals to sexually assault her in her home in the town of the village of Mazan over a period of almost a decade of their marriage.

Numerous other individuals were found culpable in a high-profile trial last year, and Dogan was the only man to contest his sentence. He was initially handed a term to 9 years in prison, a sentence increased on Thursday to a decade.

The state's attorney, Dominique Sie, had contended he should serve twelve years, because he “completely denies to take any accountability”.

Courtroom Details

Dogan had first sent the husband graphic images and then driven an hour from his residence in Provence to assault the victim, after informing his wife he was going out, the court heard.

The ex-husband, who was transported from isolation in prison to temporarily provide testimony at the appeal trial, stated to the court that the accused had been aware his wife had been “sedated” and he said to men by phone: “I seek someone to abuse my wife after I’ve sedated her without her knowledge.”

The courtroom became a focus point for a larger conversation on rape culture in society as Dogan continued to claim he was not guilty and had not engaged in violation, contending that because Gisèle Pelicot’s husband had welcomed him into the residence, his actions had been justifiable.

The panel in the Nîmes appeals court was presented with visual proof of Gisèle Pelicot’s unresponsive form, comatose and snoring in a comatose state, while a smiling the perpetrator engaged in violation on several occasions over a duration of what investigators stated was three and a half hours. The judge said she had been at risk of death by choking. The state prosecution said there was absolute certainty that she had been unaware and had not agreed.

Dogan's Claims

The defendant informed the court the footage were simply “sex scenes” and rejected it was rape. He said what he did was “a sexual act”, not rape. He told the court: “I did not commit rape.” He said the victim's husband had invited him to the residence, and therefore it was acceptable. He said he was manipulated by the husband. “I tried to halt,” the accused informed the court. “I continued because he convinced me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I did not intend to injure that lady.”

Survivor's Statement

The survivor, who was cheered upon departing the trial each day by supporters present to stand with her, addressed Dogan in court: “You fail to comprehend. When will you admit you assaulted me? It is illegal to assault an unconscious woman. How could I have give you agreement? Never.”

Gisèle Pelicot, 72, became an international feminist hero after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's failure to take blame showed that: “Shame has not yet changed sides. The community is maybe in the course of that, perhaps driven by the collective awareness resulting from the publication of your case.”

The prosecutor said Dogan’s claims of blamelessness showed how rape culture was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change rape culture to a culture of consent.”

The prosecutor addressed Dogan: “For as much as you reject it, it’s not just a person, it’s an entire sordid social system that you are endorsing.”

Personal History

The accused was born in Turkey and at the age of five came to the nation of France, where his father worked as a building manager. The court heard that his parent was violent and that Dogan began smoking cannabis at the age of ten. When he was seventeen he was stopped by authorities for selling narcotics and his father evicted him the residence. He served time in prison for drug dealing in his young adulthood and had worked as a construction worker but had undergone periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The court heard his spouse did not know he had frequent sexual encounters outside their marriage. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had informed a mental health expert that once a year he sought transactional encounters on his birthday. His lawyers told the court he had a medical condition caused by the stress of the original case.