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An individual was convicted on higher court review of sexually assaulting Gisele Pelicot following she was rendered comatose by her then-husband – and received his jail term increased to ten years.

Higher Court Case

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

A jury of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of raping Pelicot in her bedroom in southern France in the early hours of June 29, 2019.

The court heard that the accused, a family man, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom named “without her knowledge”, where Pelicot was seeking men to enter his residence to rape his wife after he had drugged her into a unconscious state.

We trust the jury will declare that in this society, human rights are also women’s rights – that permission is personal, not transferred,” stated the victim's attorney, Antoine Camus. “Consent is obtained personally and not through someone else from a husband.”

Context

The ex-husband, among the most severe sex offenders in recent French history, was handed a sentence to 20 years in prison last year for incapacitating his wife at the time and bringing in numerous individuals to sexually assault her in her home in the Provence village of Mazan over a period of many years of their marriage.

Numerous other individuals were found guilty in a notable trial last year, and Dogan was the single defendant to contest his verdict. He was first given a sentence to nine years in prison, a penalty enhanced on Thursday to ten years.

The state's attorney, the prosecutor, had contended he should serve twelve years, because he “completely denies to take any responsibility”.

Courtroom Details

Dogan had initially sent the husband inappropriate pictures and then driven an hour from his village in the region to assault the victim, after telling his wife he was leaving, the court heard.

Pelicot, who was brought from solitary confinement in prison to briefly provide testimony at the retrial, stated to the court that Dogan had understood his wife had been “incapacitated” and he said to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a focus point for a wider discussion on rape culture in society as Dogan continued to claim he was innocent and had not engaged in violation, arguing that because the victim's husband had invited him into the bedroom, his actions had been permissible.

The panel in the higher court was presented with video evidence of the victim's unconscious figure, unconscious and snoring in a deep sleep, while a smiling Dogan engaged in violation multiple times over a timeframe of what police said was 3.5 hours. The judge said she had been at risk of fatal outcome by choking. The state prosecution said there was no question that she had been incapacitated and had not agreed.

Accused's Testimony

The defendant stated to the court the footage were simply “sexual encounters” and disputed it was assault. He said what he did was “a consensual activity”, not assault. He told the court: “I am innocent of assault.” He said the victim's husband had invited him to the house, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused told the court. “I carried on because he reassured me.”

Asked if he wanted to make a last words to the court, Dogan said: “I never wanted to injure that individual.”

Victim's Response

The victim, who was cheered upon leaving court each day by onlookers present to back her, told the defendant in court: “You do not grasp. When will you acknowledge you assaulted me? It’s a crime to rape an incapacitated woman. How could I have give you consent? Not once.”

The victim, 72, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, speaking to Gisèle Pelicot in court, said the defendant's failure to take blame showed that: “Shame has not yet changed sides. Society is maybe in the midst of that, maybe propelled by the collective awareness spurred by the publication of your ordeal.”

Sie said Dogan’s claims of non-guilt showed how societal tolerance was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a society based on agreement.”

The prosecutor addressed Dogan: “As long as you refuse to admit it, it’s not just a woman, it’s an whole disturbing social system that you are upholding.”

Personal History

The accused was originated from Turkey and at the age of 5 relocated to France, where his father worked as a caretaker. The testimony revealed that his father was violent and that the defendant began smoking cannabis aged 10. When he was seventeen he was apprehended by authorities for drug trafficking and his father evicted him of home. He served time in prison for trafficking in his young adulthood and had worked as a laborer but had experienced periods of being unhoused.

He was married and had a child with special needs, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The testimony revealed his spouse did not know he had repeated sexual encounters beyond their marriage. His defence said this was his way of coping with his challenging existence. Dogan had told a court psychologist that annually he engaged in transactional encounters on his special day. His lawyers told the court he had a medical condition triggered by the stress of the original case.