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A defendant has been found guilty on higher court review of sexually assaulting Gisele Pelicot following she was rendered comatose by her spouse – and received his prison sentence raised to ten years.

Appeal Trial

The defendant, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, faced a new trial this week at the Nîmes court of appeal.

A panel of five men and four women, joined by three judges, ruled against Dogan on Thursday of raping the victim in her residence in Provence in the early hours of June 29, 2019.

The evidence showed that Dogan, a married father, made contact with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an digital platform titled “without her consent”, where the husband was seeking men to enter his residence to rape his wife once he had drugged her into a comatose state.

“We hope the jury will affirm that in this society, human rights are also women’s rights – that permission is individual, not given by another,” said Gisèle Pelicot’s lawyer, her legal representative. “Permission is obtained directly and not by proxy from a spouse.”

Context

Dominique Pelicot, a notorious sexual predators in recent French history, was given a prison term to 20 years in prison last year for sedating his spouse and bringing in multiple perpetrators to sexually assault her in her home in the community of Mazan over a duration of nearly ten years of their marriage.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and the appellant was the only man to challenge his verdict. He was originally sentenced to nine years in prison, a penalty raised on Thursday to a decade.

The state's attorney, the prosecutor, had contended he should serve 12 years, because he “completely denies to take any responsibility”.

Courtroom Details

Dogan had initially sent the husband inappropriate pictures and then traveled an hour from his residence in the region to assault Gisèle Pelicot, after notifying his wife he was leaving, the court heard.

The ex-husband, who was transported from segregation in prison to temporarily provide testimony at the appeal trial, stated to the court that Dogan had understood his wife had been “drugged” and he communicated to men by phone: “I seek someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a focus point for a larger conversation on sexual violence norms in society as the defendant continued to claim he was blameless and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had allowed him into the room, his behavior had been permissible.

The panel in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s limp body, sedated and snoring in a unconscious condition, while a smiling Dogan performed assault repeatedly over a duration of what police said was three and a half hours. The presiding judge said she had been at risk of death by asphyxiation. The prosecution said there was no doubt that she had been unconscious and had not consented.

Dogan's Claims

Dogan stated to the court the footage were simply “sexual encounters” and denied it was assault. He said what he did was “an intimate behavior”, not rape. He declared the court: “I am innocent of assault.” He said the victim's husband had allowed him to the house, and therefore it was acceptable. He said he was deceived by the husband. “I wanted to stop,” the accused informed the court. “I proceeded because he convinced me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I had no desire to harm that lady.”

Survivor's Statement

The victim, who was applauded upon departing the trial each day by onlookers present to back her, said to Dogan in court: “You do not grasp. When are you going to recognise you assaulted me? It’s a crime to assault an unconscious woman. When did I ever give you consent? Not once.”

The victim, seventy-two, became an international feminist hero after she waived her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, speaking 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 process of that, maybe propelled by the societal understanding spurred by the publication of your case.”

Sie said Dogan’s claims of blamelessness showed how normalized violence was still prevalent in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change rape culture to a society based on agreement.”

Sie told Dogan: “While you deny it, it’s not just a woman, it’s an whole sordid cultural framework that you are endorsing.”

Biographical Details

The accused was born in Turkey and at the age of five moved to the nation of France, where his parent worked as a caretaker. The evidence indicated that his father was violent and that Dogan began consuming marijuana at the age of ten. When Dogan was 17 he was caught by police for drug trafficking and his father forced him to leave the family house. He served time in prison for drug dealing in his early 20s and had worked as a construction worker but had undergone periods of homelessness.

He was wed and had a child with special needs, who he was the principal carer for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had repeated extramarital activities beyond their union. His defence said this was his method of dealing with his challenging existence. The defendant had stated to a mental health expert that annually he sought commercial sex on his birthday. His lawyers told the court he had a medical condition caused by the anxiety of the initial proceedings.