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A defendant was convicted on higher court review of sexually assaulting Gisèle Pelicot after she was rendered comatose by her spouse – and has had his jail term raised to ten years.

Retrial Proceedings

The defendant, forty-four, an unemployed builder, who had appealed his first conviction last year, faced a retrial this week at the appeals court in Nîmes.

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

The evidence showed that Dogan, a married father, connected with the victim's husband at the time, the husband, in an digital platform called “unbeknownst to her”, where the husband was looking for men to enter his residence to assault his wife after he had sedated her into a deep sleep.

We expect the panel will say loud and clear that in this society, fundamental rights are also rights of women – that permission is personal, not given by another,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Permission is secured directly and not via a representative from a spouse.”

Background

The husband, among the most severe sexual predators in modern French history, was sentenced to twenty years in prison last year for drugging his wife at the time and bringing in multiple perpetrators to rape her in her home in the community of Mazan over a period of nearly ten years of their marriage.

Numerous other individuals were found culpable in a notable trial last year, and Dogan was the only man to contest his verdict. He was first sentenced to nine years in prison, a sentence increased on Thursday to a decade.

The lead state prosecutor, the prosecutor, had stated he should serve twelve years, because he “completely denies to take any accountability”.

Courtroom Details

The defendant had initially sent the husband graphic images and then driven an hour from his residence in Provence to rape the victim, after telling his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from isolation in prison to temporarily give evidence at the retrial, stated to the court that the accused had been aware his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep without her knowledge.”

The courtroom became a focus point for a wider discussion on rape culture in society as the defendant continued to say he was innocent and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had allowed him into the room, his conduct had been acceptable.

The jury in the Nîmes appeals court was displayed visual proof of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a unconscious condition, while a grinning Dogan committed rape on several occasions over a period of what police said was 3.5 hours. The presiding judge said she had been at risk of death by suffocation. The state prosecution said there was no doubt that she had been incapacitated and had not consented.

Defendant's Statements

The defendant stated to the court the footage were simply “sexual encounters” and rejected it was rape. He said what he did was “a sexual act”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan told the court. “I continued because he convinced me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I did not intend to hurt that individual.”

Victim's Response

The victim, who was supported upon departing the trial each day by supporters assembled to stand with her, told the defendant in court: “You fail to comprehend. When are you going to recognise you assaulted me? It is unlawful to rape an unconscious woman. When did I ever give you permission? At no time.”

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.”

State's Argument

Sie, addressing Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “Shame has not yet changed sides. The public is perhaps in the course of that, possibly propelled by the societal understanding resulting from the exposure of your case.”

The prosecutor said the defendant's claims of blamelessness showed how normalized violence was still common in society as part of “old-fashioned” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor said to the defendant: “As long as you reject it, it’s not just a woman, it’s an entire disturbing societal structure that you are endorsing.”

Personal History

Dogan was originated from the country of Turkey and at the age of 5 moved to the nation of France, where his parent worked as a building manager. The evidence indicated that his parent was aggressive and that the defendant began using drugs at the age of 10. When Dogan was 17 he was stopped by police for drug trafficking and his parent kicked him out of home. He served time in prison for narcotics offenses in his early 20s and had worked as a laborer but had experienced periods of living on the streets.

He was married and had a child with Down’s syndrome, who he was the primary guardian for, as his wife worked in a educational cafeteria. The court heard his wife did not know he had regular intimate relations outside their union. His defence said this was his strategy for managing with his difficult circumstances. Dogan had stated to a court psychologist that once a year he looked for paid sex on his special day. His legal representatives told the court he had joint inflammation resulting from the pressure of the first trial.