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A defendant has been found guilty on higher court review of sexually assaulting Gisele Pelicot after she was rendered comatose by her spouse – and was given his jail term increased to 10 years.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, underwent a new trial this week at the higher court in Nîmes.

A panel of five men and four women, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her residence in Provence in the early hours of 29 June 2019.

The evidence showed that the accused, a family man, connected with the victim's spouse, Dominique Pelicot, in an digital platform called “unbeknownst to her”, where Pelicot was recruiting men to come to his home to rape his wife once he had rendered her unconscious into a unconscious state.

We trust the jury will say loud and clear that in this society, fundamental rights are also rights of women – that permission is individual, not given by another,” said Gisèle Pelicot’s attorney, her legal representative. “Consent is secured personally and not by proxy from a spouse.”

Background

Dominique Pelicot, among the most severe sex offenders in modern French history, was given a prison term to two decades in prison last year for drugging his then wife and inviting dozens of men to sexually assault her in her home in the town of the village of Mazan over a duration of many years of their marriage.

Dozens of additional defendants were found culpable in a high-profile trial last year, and Dogan was the single defendant to challenge his sentence. He was originally given a sentence to nine years in prison, a punishment increased on Thursday to 10 years.

The state's attorney, Dominique Sie, had stated he should serve twelve years, because he “absolutely refuses to take any blame”.

Testimony and Proof

Dogan had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in Provence to assault Gisèle Pelicot, after notifying his wife he was going out, the evidence indicated.

The ex-husband, who was brought from isolation in prison to temporarily testify at the retrial, informed the court that the accused had understood his wife had been “drugged” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a central issue for a broader debate on sexual violence norms in society as the defendant continued to assert he was not guilty and had not committed rape, stating that because Gisèle Pelicot’s husband had allowed him into the room, his conduct had been permissible.

The jury in the Nîmes appeals court was presented with recorded footage of Gisèle Pelicot’s unresponsive form, comatose and snoring in a comatose state, while a grinning Dogan committed rape repeatedly over a period of what investigators stated was three and a half hours. The judge said she had been at danger of death by choking. The state's case said there was absolute certainty that she had been unaware and had not given permission.

Accused's Testimony

Dogan stated to the court the recordings were simply “sexual encounters” and rejected it was violation. He said what he did was “a consensual activity”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused informed the court. “I proceeded because he convinced me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I did not intend to hurt that individual.”

Victim's Response

The victim, who was cheered upon departing the trial each day by supporters gathered to stand with her, addressed the defendant in court: “You haven’t understood. When will you admit you assaulted me? It’s a crime to assault an unconscious woman. At what point did I give you consent? Never.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “Shame has not yet changed sides. Society is possibly in the midst of that, maybe motivated by the societal understanding spurred by the publication of your case.”

The prosecutor said the defendant's claims of innocence showed how normalized violence was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change rape culture to a society based on agreement.”

Sie addressed Dogan: “For as much as you deny it, it’s not just a individual, it’s an whole sordid social system that you are upholding.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of five moved to the nation of France, where his parent worked as a concierge. The court heard that his father was aggressive and that the defendant began using drugs aged 10. When he was seventeen he was stopped by authorities for dealing drugs and his father forced him to leave the family house. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had experienced periods of living on the streets.

He was wed and had a child with Down’s syndrome, who he was the principal carer for, as his spouse worked in a educational cafeteria. The court heard his wife did not know he had repeated extramarital activities beyond their union. His defence said this was his way of coping with his difficult circumstances. Dogan had informed a court psychologist that once a year he sought paid sex on his special day. His lawyers informed the court he had joint inflammation resulting from the anxiety of the initial proceedings.