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A defendant was convicted on retrial of sexually assaulting Gisele Pelicot following she was rendered comatose by her spouse – and was given his prison sentence raised to ten years.

Appeal Trial

Dogan, forty-four, an out-of-work construction worker, who had challenged his first conviction last year, experienced a appeal hearing 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 bedroom in the south of France in the morning of 29 June 2019.

The court heard that the accused, a married father, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform called “unbeknownst to her”, where Pelicot was looking for men to come to his home to rape his wife after he had sedated her into a comatose state.

“We hope the court will affirm that in this nation, human rights are also rights of women – that agreement is personal, not given by another,” said the victim's lawyer, her legal representative. “Permission is obtained personally and not via a representative from a husband.”

Context

Dominique Pelicot, among the most severe sexual predators in modern French history, was given a prison term to two decades in prison last year for sedating his spouse and bringing in dozens of men to rape her in her home in the community of the village of Mazan over a span of many years of their union.

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

The lead state prosecutor, the prosecutor, had stated he should serve 12 years, because he “stubbornly rejects to take any blame”.

Courtroom Details

Dogan had initially sent Dominique Pelicot graphic images and then traveled an hour from his town in the region to assault Gisèle Pelicot, after telling his wife he was going out, the court heard.

The ex-husband, who was brought from segregation in prison to briefly provide testimony at the hearing, stated to the court that Dogan had understood his wife had been “sedated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The proceedings became a focus point for a wider discussion on sexual violence norms in society as the defendant continued to say he was blameless and had not committed rape, stating that because the victim's husband had allowed him into the residence, his conduct had been acceptable.

The jury in the higher court was displayed visual proof of the victim's limp body, unconscious and snoring in a unconscious condition, while a grinning Dogan committed rape repeatedly over a period of what authorities reported was three and a half hours. The presiding judge said she had been at danger of death by choking. The prosecution said there was absolute certainty that she had been unaware and had not given permission.

Accused's Testimony

The defendant told the court the recordings were simply “sex scenes” and rejected it was violation. He said what he did was “a sexual act”, not rape. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was OK. He said he was influenced by the husband. “I wanted to stop,” Dogan stated to the court. “I proceeded because he reassured me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to injure that individual.”

Victim's Response

The survivor, who was applauded upon leaving court each day by onlookers gathered to back her, addressed Dogan in court: “You fail to comprehend. When will you acknowledge you violated me? It is illegal to rape an unconscious woman. When did I ever give you permission? Not once.”

The victim, seventy-two, became an international feminist hero after she relinquished her right to anonymity in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, speaking to the victim in court, said the defendant's failure to take blame showed that: “Shame has not yet changed sides. The community is perhaps in the midst of that, possibly driven by the societal understanding resulting from the exposure of your case.”

The prosecutor said the defendant's claims of blamelessness showed how societal tolerance was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change rape culture to a society based on agreement.”

Sie addressed Dogan: “As long as you refuse to admit it, it’s not just a person, it’s an entire unpleasant social system that you are supporting.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a concierge. The court heard that his father was abusive and that Dogan began smoking cannabis at the age of 10. When he was seventeen he was apprehended by authorities for dealing drugs and his father kicked him out of home. He was incarcerated in prison for trafficking in his twenties and had worked as a laborer but had faced periods of homelessness.

He was married and had a child with special needs, who he was the main caregiver for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had frequent extramarital activities beyond their marriage. His legal team said this was his strategy for managing with his stressful life. Dogan had informed a court psychologist that each year he engaged in commercial sex on his special day. His attorneys stated to the court he had a medical condition resulting from the pressure of the initial proceedings.