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An individual was convicted on higher court review of sexually assaulting Gisele Pelicot following she was rendered comatose by her spouse – and was given his incarceration period extended to 10 years.

Higher Court Case

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

A jury of nine jurors, joined by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her home in southern France in the early hours of June 29, 2019.

The testimony revealed that the accused, a family man, reached out to the victim's then husband, Dominique Pelicot, in an digital platform titled “unbeknownst to her”, where the husband was recruiting men to visit his house to rape his wife after he had drugged her into a comatose state.

“We hope the panel will declare that in this society, human rights are also rights of women – that agreement is personal, not delegated,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Consent is secured personally and not through someone else from a spouse.”

Background

The husband, a notorious sexual predators in recent French history, was handed a sentence to twenty years in prison last year for incapacitating his spouse and inviting numerous individuals to rape her in her home in the Provence village of Mazan over a span of nearly ten years of their union.

Numerous other individuals were found culpable in a high-profile trial last year, and the appellant was the single defendant to challenge his conviction. He was first given a sentence to 9 years in prison, a punishment enhanced on Thursday to a decade.

The state's attorney, the prosecutor, had contended he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

The defendant had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his town in Provence to rape the victim, after notifying his wife he was going out, the court heard.

The ex-husband, who was brought from isolation in prison to briefly give evidence at the hearing, informed the court that Dogan had understood his wife had been “drugged” and he said to men by phone: “I seek someone to abuse my wife after I’ve sedated her without her consent.”

The courtroom became a focus point for a larger conversation on rape culture in society as Dogan continued to assert he was innocent and had not committed rape, arguing that because Gisèle Pelicot’s husband had allowed him into the residence, his actions had been acceptable.

The panel in the higher court was presented with recorded footage of Gisèle Pelicot’s limp body, comatose and breathing heavily in a comatose state, while a smiling Dogan committed rape multiple times over a duration of what authorities reported was several hours. The presiding judge said she had been at danger of death by suffocation. The prosecution said there was absolute certainty that she had been unaware and had not consented.

Defendant's Statements

The defendant informed the court the footage were simply “sex scenes” and denied it was rape. He said what he did was “a sexual act”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had invited him to the house, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan informed the court. “I continued because he persuaded me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I did not intend to harm that woman.”

Victim's Response

The victim, who was cheered upon departing the trial each day by supporters assembled to support her, told Dogan in court: “You fail to comprehend. When will you acknowledge you violated me? It’s a crime to assault an incapacitated woman. At what point did I give you consent? At no time.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, speaking to the victim in court, said the defendant's failure to take accountability showed that: “Guilt has not shifted. The community is perhaps in the midst of that, possibly propelled by the societal understanding spurred by the exposure of your situation.”

Sie said the defendant's claims of blamelessness showed how societal tolerance was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a culture of consent.”

The prosecutor said to the defendant: “While you deny it, it’s not just a individual, it’s an whole sordid social system that you are upholding.”

Personal History

Dogan was born in Turkey and at the age of 5 came to France, where his parent worked as a building manager. The evidence indicated that his father was violent and that the defendant began smoking cannabis at the age of 10. When he was 17 he was caught by police for selling narcotics and his parent forced him to leave the residence. He spent time in prison for drug dealing in his early 20s and had worked as a laborer but had experienced periods of homelessness.

He was married and had a son with a genetic condition, who he was the primary guardian for, as his wife worked in a educational cafeteria. The testimony revealed his spouse did not know he had repeated extramarital activities outside their union. His legal team said this was his strategy for managing with his challenging existence. Dogan had told a court psychologist that annually he engaged in transactional encounters on his special day. His lawyers stated to the court he had joint inflammation caused by the pressure of the original case.