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An individual was declared guilty on appeal of sexually assaulting Gisèle Pelicot following she was rendered comatose by her spouse – and received his prison sentence extended to 10 years.

Retrial Proceedings

Dogan, forty-four, an unemployed builder, who had challenged his initial guilty verdict last year, faced a new trial this week at the appeals court in Nîmes.

A panel of nine jurors, sitting with three judges, convicted Dogan on Thursday of raping the victim in her residence in southern France in the morning of 29 June 2019.

The testimony revealed that Dogan, a family man, made contact with the victim's spouse, Dominique Pelicot, in an internet forum called “unbeknownst to her”, where Pelicot was recruiting men to enter his residence to assault his wife after he had sedated her into a unconscious state.

We trust the jury will affirm that in this society, human rights are also rights of women – that consent is individual, not delegated,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is secured personally and not by proxy from a spouse.”

Context

The ex-husband, a notorious sexual predators in France's contemporary records, was sentenced 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 town of the village of Mazan over a duration of almost a decade of their union.

Numerous other individuals were found convicted in a notable trial last year, and the appellant was the sole individual to appeal against his sentence. He was initially sentenced to nine years in prison, a punishment increased on Thursday to a decade.

The state's attorney, Dominique Sie, had stated he should serve 12 years, because he “completely denies to take any accountability”.

Evidence Presented

Dogan had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his residence in the region to assault Gisèle Pelicot, after telling his wife he was stepping out, the testimony revealed.

Pelicot, who was brought from solitary confinement in prison to briefly testify at the retrial, informed the court that the accused had understood 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 without her knowledge.”

The proceedings became a central issue for a wider discussion on rape culture in society as the defendant continued to claim he was blameless and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had welcomed him into the room, his conduct had been justifiable.

The jury in the Nîmes appeals court was presented with recorded footage of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a deep sleep, while a grinning the perpetrator committed rape on several occasions over a period of what police said was three and a half hours. The judge said she had been at peril of fatal outcome by asphyxiation. The state's case said there was absolute certainty that she had been unconscious and had not given permission.

Defendant's Statements

Dogan stated to the court the videos were simply “sexual encounters” and denied it was rape. He said what he did was “an intimate behavior”, not rape. He declared the court: “I never raped.” He said the victim's husband had allowed him to the house, and therefore it was permissible. He said he was manipulated by the husband. “I attempted to cease,” the accused informed the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to harm that woman.”

Pelicot's Words

The victim, who was applauded upon leaving court each day by onlookers gathered to back her, told the defendant in court: “You do not grasp. When will you acknowledge you violated me? It’s a crime to rape an incapacitated woman. How could I have give you consent? At no time.”

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

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said Dogan’s refusal to take responsibility showed that: “Shame has not yet changed sides. The public is perhaps in the process of that, maybe driven by the societal understanding brought by the publication of your situation.”

The prosecutor said Dogan’s claims of innocence showed how normalized violence was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

Sie addressed the defendant: “For as much as you deny it, it’s not just a woman, it’s an entire disturbing social system that you are upholding.”

Personal History

Dogan was originated from the country of Turkey and at the age of five moved to France, where his father worked as a concierge. The court heard that his father was violent and that the defendant began consuming marijuana at the age of ten. When he was seventeen he was apprehended by authorities for drug trafficking and his father kicked him out the residence. He spent time in prison for trafficking in his early 20s and had worked as a laborer but had faced periods of homelessness.

He was married and had a son with a genetic condition, who he was the principal carer for, as his wife worked in a institution's dining hall. The evidence showed his wife did not know he had repeated extramarital activities beyond their marriage. His defence said this was his way of coping with his challenging existence. Dogan had stated to a evaluator that each year he sought transactional encounters on his special day. His attorneys informed the court he had joint inflammation caused by the stress of the first trial.