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A defendant was convicted on retrial of sexually assaulting Gisèle Pelicot following she was rendered comatose by her husband – and received his jail term raised to 10 years.

Retrial Proceedings

Dogan, 44, an unemployed builder, who had contested his first conviction last year, faced a new trial this week at the appeals court in Nîmes.

A panel of five men and four women, accompanied by three judges, found Dogan guilty on Thursday of raping Pelicot in her home in southern France in the early hours of June 29, 2019.

The court heard that the accused, a family man, reached out to Gisèle Pelicot’s husband at the time, the husband, in an digital platform called “unbeknownst to her”, where Pelicot was seeking men to visit his house to rape his wife once he had rendered her unconscious into a comatose state.

We expect the panel will say loud and clear that in this country, fundamental rights are also rights of women – that permission is personal, not given by another,” stated Gisèle Pelicot’s lawyer, her legal representative. “Consent is obtained personally and not via a representative from a spouse.”

Context

The ex-husband, one of the worst sex offenders in recent French history, was handed a sentence to 20 years in prison last year for incapacitating his spouse and soliciting 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 Dogan was the single defendant to contest his verdict. He was first given a sentence to 9 years in prison, a sentence increased on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had contended he should serve twelve years, because he “absolutely refuses to take any accountability”.

Evidence Presented

Dogan had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his village in Provence to assault the victim, after telling his wife he was stepping out, the evidence indicated.

The ex-husband, who was transported from solitary confinement in prison to briefly testify at the hearing, stated to the court that Dogan had understood his wife had been “sedated” and he communicated to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a focus point for a wider discussion on sexual violence norms in society as Dogan continued to claim he was not guilty and had not engaged in violation, contending that because the victim's husband had welcomed him into the residence, his behavior had been justifiable.

The panel in the higher court was presented with video evidence of the victim's unconscious figure, comatose and snoring in a deep sleep, while a smiling Dogan committed rape repeatedly over a period of what authorities reported was 3.5 hours. The presiding judge said she had been at peril of fatal outcome by suffocation. The prosecution said there was no question that she had been incapacitated and had not given permission.

Accused's Testimony

Dogan told the court the recordings were simply “sexual encounters” and rejected it was rape. He said what he did was “a consensual activity”, not assault. He stated the court: “I did not commit rape.” He said the victim's husband had invited him to the house, and therefore it was permissible. He said he was manipulated by the husband. “I attempted to cease,” the accused informed the court. “I carried on because he reassured me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I never wanted to hurt that woman.”

Survivor's Statement

Gisèle Pelicot, who was supported upon leaving court each day by onlookers assembled to support her, told Dogan in court: “You haven’t understood. When are you going to recognise you violated me? It is illegal to assault an unaware woman. When did I ever give you agreement? Not once.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she gave up her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, addressing the victim in court, said the defendant's unwillingness to take responsibility showed that: “Shame has not yet changed sides. Society is perhaps in the midst of that, maybe motivated by the collective awareness spurred by the revelation of your ordeal.”

The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change the culture of violence to a ethos of permission.”

The prosecutor addressed the defendant: “As long as you reject it, it’s not just a person, it’s an entire sordid cultural framework that you are endorsing.”

Personal History

Dogan was originated from Turkey and at the age of five moved to the nation of France, where his parent worked as a building manager. The testimony revealed that his parent was violent and that the defendant began consuming marijuana aged 10. When he was seventeen he was apprehended by authorities for selling narcotics and his father forced him to leave the family house. He served time in prison for narcotics offenses in his young adulthood and had worked as a builder but had experienced periods of living on the streets.

He was wed and had a child with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had frequent sexual encounters outside their marriage. His defence said this was his method of dealing with his challenging existence. The defendant had told a evaluator that annually he engaged in paid sex on his special day. His attorneys informed the court he had joint inflammation caused by the stress of the original case.