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A man was convicted on higher court review of sexually assaulting Gisèle Pelicot after she was rendered comatose by her spouse – and was given his prison sentence raised to a decade.

Retrial Proceedings

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

A panel of four women and five men, sitting with three judges, ruled against Dogan on Thursday of raping Pelicot in her home in southern France in the morning of 29 June 2019.

The evidence showed that Dogan, a family man, reached out to the victim's husband at the time, Dominique Pelicot, in an digital platform titled “without her consent”, where the husband was recruiting men to enter his residence to rape his wife once he had drugged her into a deep sleep.

We expect the court will affirm that in this nation, fundamental rights are also rights of women – that agreement is personal, not delegated,” declared the victim's attorney, her legal representative. “Agreement is secured directly and not by proxy from a husband.”

Context

Dominique Pelicot, among the most severe sexual predators in France's contemporary records, was sentenced to 20 years in prison last year for sedating his spouse and soliciting dozens of men to sexually assault her in her home in the Provence village of the village of Mazan over a period of many years of their union.

Numerous other individuals were found convicted in a widely publicized trial last year, and Dogan was the sole individual to contest his conviction. He was first sentenced to nine years in prison, a sentence increased on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had contended he should serve 12 years, because he “completely denies to take any responsibility”.

Evidence Presented

The defendant had initially sent Dominique Pelicot graphic images and then traveled an hour from his residence in the region to assault Gisèle Pelicot, after informing his wife he was stepping out, the evidence indicated.

Pelicot, who was transported from isolation in prison to briefly provide testimony at the appeal trial, informed the court that Dogan had been aware his wife had been “incapacitated” and he communicated to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a focus point for a wider discussion on rape culture in society as Dogan continued to claim he was innocent and had not committed rape, 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 shown visual proof of the victim's unconscious figure, comatose and breathing heavily in a comatose state, while a grinning Dogan performed assault repeatedly over a timeframe of what police said was three and a half hours. The court official said she had been at risk of fatal outcome by suffocation. The state's case said there was no doubt that she had been unaware and had not given permission.

Defendant's Statements

The defendant informed the court the videos were simply “sex scenes” and disputed it was assault. He said what he did was “a sexual act”, not assault. He told the court: “I am innocent of assault.” He said the victim's husband had invited him to the home, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I tried to halt,” the accused told the court. “I continued because he persuaded me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I had no desire to injure that woman.”

Pelicot's Words

The survivor, who was supported upon leaving court each day by crowds assembled to support her, told the defendant in court: “You fail to comprehend. When are you going to recognise you violated me? It is illegal to assault an unaware woman. At what point did I give you permission? Never.”

The victim, seventy-two, became an international feminist hero after she gave up her right to privacy in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, speaking to the victim in court, said Dogan’s refusal to take responsibility showed that: “Guilt has not shifted. The community is maybe in the process of that, perhaps driven by the public consciousness spurred by the publication of your ordeal.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still widespread in society as part of “archaic” forms of “male domination”. He said: “We need to change the culture of violence to a culture of consent.”

The prosecutor addressed Dogan: “While you reject it, it’s not just a individual, it’s an whole unpleasant social system that you are supporting.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of 5 came to France, where his parent worked as a caretaker. The evidence indicated that his father was aggressive and that the defendant began smoking cannabis aged 10. When he was 17 he was caught by police for drug trafficking and his father forced him to leave of home. He served time in prison for drug dealing in his young adulthood and had worked as a laborer but had undergone periods of being unhoused.

He was married and had a son 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 regular sexual encounters 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 engaged in commercial sex on his special day. His lawyers informed the court he had a medical condition triggered by the pressure of the first trial.