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A defendant was declared guilty on higher court review of sexually assaulting Gisèle Pelicot following she was rendered comatose by her husband – and was given his prison sentence increased to 10 years.

Retrial Proceedings

Dogan, 44, an out-of-work construction worker, who had contested his first conviction last year, faced a new trial this week at the higher court in Nîmes.

A jury of five men and four women, joined by three judges, found Dogan guilty on Thursday of raping the victim in her home in Provence in the morning of 29 June 2019.

The testimony revealed that Dogan, a family man, reached out to Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom named “unbeknownst to her”, where Pelicot was looking for men to come to his home to rape his wife once he had drugged her into a deep sleep.

“We hope the panel will say loud and clear that in this country, human rights are also women’s rights – that permission is individual, not transferred,” said the victim's attorney, Antoine Camus. “Permission is secured personally and not through someone else from a spouse.”

Background

The husband, one of the worst sexual predators in recent French history, was given a prison term to two decades in prison last year for drugging his wife at the time and soliciting numerous individuals to rape her in her home in the town of the village of Mazan over a span of almost a decade of their union.

Numerous other individuals were found convicted in a widely publicized trial last year, and Dogan was the only man to appeal against his conviction. He was initially given a sentence to 9 years in prison, a sentence raised on Thursday to a decade.

The lead state prosecutor, the prosecutor, had contended he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Courtroom Details

The defendant had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his village in Provence to assault Gisèle Pelicot, after telling his wife he was going out, the court heard.

The ex-husband, who was transported from segregation in prison to temporarily provide testimony at the retrial, informed the court that Dogan had known his wife had been “sedated” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a central issue for a larger conversation on sexual violence norms in society as the defendant continued to claim he was blameless and had not committed rape, contending that because the victim's husband had allowed him into the room, his behavior had been permissible.

The panel in the Nîmes appeals court was displayed visual proof of Gisèle Pelicot’s unresponsive form, sedated and snoring in a comatose state, while a grinning Dogan committed rape repeatedly over a duration of what authorities reported was three and a half hours. The judge said she had been at danger of fatal outcome by asphyxiation. The state's case said there was no doubt that she had been incapacitated and had not consented.

Accused's Testimony

The defendant informed the court the footage were simply “intimate moments” and denied it was violation. He said what he did was “an intimate behavior”, not assault. He declared the court: “I never raped.” He said the victim's husband had allowed him to the residence, and therefore it was OK. He said he was manipulated by the husband. “I attempted to cease,” the accused stated to the court. “I continued because he convinced me.”

Inquired 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 survivor, who was supported upon leaving court each day by onlookers gathered to support her, told the defendant in court: “You do not grasp. When are you going to recognise you raped me? It is unlawful to assault an unaware woman. How could I have give you consent? Never.”

Gisèle Pelicot, 72, became an global icon after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take blame showed that: “Guilt has not shifted. Society is maybe in the process of that, perhaps motivated by the societal understanding spurred by the publication of your ordeal.”

Sie said the defendant's claims of blamelessness showed how normalized violence was still prevalent in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change rape culture to a ethos of permission.”

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

Defendant's Background

Dogan was originated from Turkey and at the age of 5 relocated to France, where his father worked as a concierge. The testimony revealed that his father was aggressive and that the defendant began using drugs aged ten. When Dogan was 17 he was apprehended by police for selling narcotics and his parent evicted him of home. He served time in prison for drug dealing in his twenties and had worked as a builder but had faced periods of living on the streets.

He was wed and had a son with a genetic condition, who he was the principal carer for, as his wife worked in a educational cafeteria. The testimony revealed his wife did not know he had frequent intimate relations outside 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 looked for commercial sex on his birthday. His lawyers stated to the court he had a medical condition caused by the pressure of the original case.