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A man was declared guilty on retrial of sexually assaulting Gisèle Pelicot after she was rendered comatose by her then-husband – and has had his prison sentence extended to a decade.

Retrial Proceedings

The defendant, 44, an unemployed builder, who had contested his first conviction last year, underwent a new trial this week at the Nîmes court of appeal.

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 southern France in the early hours of 29 June 2019.

The evidence showed that the accused, a married father, connected with Gisèle Pelicot’s then husband, the husband, in an digital platform titled “without her knowledge”, where the husband was looking for men to visit his house to rape his wife after he had sedated her into a comatose state.

We trust the jury will say loud and clear that in this country, fundamental rights are also rights of women – that agreement is individual, not given by another,” said Gisèle Pelicot’s attorney, Antoine Camus. “Permission is obtained directly and not through someone else from a spouse.”

Context

The husband, a notorious sexual predators in France's contemporary records, was given a prison term to two decades in prison last year for drugging his spouse and bringing in numerous individuals to rape her in her home in the town of the village of Mazan over a duration of nearly ten years of their union.

Dozens of additional defendants were found culpable in a high-profile trial last year, and Dogan was the sole individual to appeal against his verdict. He was originally handed a term to 9 years in prison, a punishment raised on Thursday to 10 years.

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

Testimony and Proof

Dogan had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his residence in Provence to rape the victim, after telling his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from segregation in prison to temporarily testify at the hearing, informed the court that the accused had been aware his wife had been “drugged” and he told to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a central issue for a broader debate on rape culture in society as the defendant continued to assert he was not guilty and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his conduct had been justifiable.

The jury in the higher court was shown visual proof of Gisèle Pelicot’s unconscious figure, sedated and breathing heavily in a unconscious condition, while a smiling the perpetrator committed rape on several occasions over a timeframe of what authorities reported was 3.5 hours. The court official said she had been at peril of death by asphyxiation. The prosecution said there was absolute certainty that she had been incapacitated and had not agreed.

Accused's Testimony

The defendant informed the court the footage were simply “sexual encounters” and denied it was rape. He said what he did was “a consensual activity”, not assault. He told the court: “I am innocent of assault.” He said the victim's husband had allowed him to the residence, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I tried to halt,” the accused told the court. “I proceeded because he reassured me.”

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

Victim's Response

The victim, who was supported upon exiting the courtroom each day by supporters assembled to stand with her, said to the defendant in court: “You haven’t understood. When will you admit you violated me? It is unlawful to assault an unconscious woman. How could I have give you agreement? At no time.”

The victim, 72, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, speaking to the victim in court, said Dogan’s unwillingness to take accountability showed that: “Shame has not yet changed sides. The community is possibly in the course of that, perhaps motivated by the public consciousness brought by the publication of your ordeal.”

Sie said the defendant's claims of innocence showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “We need to change the culture of violence to a ethos of permission.”

Sie addressed the defendant: “As long as you refuse to admit it, it’s not just a individual, it’s an complete sordid social system that you are supporting.”

Personal History

The accused was originated from the country of Turkey and at the age of five relocated to the nation of France, where his parent worked as a concierge. The court heard that his father was violent and that Dogan began smoking cannabis aged 10. When Dogan was seventeen he was apprehended by authorities for dealing drugs and his parent forced him to leave of home. He spent time in prison for narcotics offenses in his twenties and had worked as a construction worker but had faced periods of living on the streets.

He was married and had a child with special needs, who he was the main caregiver for, as his wife worked in a educational cafeteria. The testimony revealed his wife did not know he had frequent extramarital activities beyond their union. His defence said this was his strategy for managing with his challenging existence. Dogan had told a court psychologist that each year he looked for transactional encounters on his birthday. His lawyers told the court he had a medical condition resulting from the anxiety of the first trial.