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

Appeal Trial

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 nine jurors, joined by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her bedroom in Provence in the morning of 29 June 2019.

The court heard that Dogan, a family man, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an internet forum named “unbeknownst to her”, where the husband was looking for men to visit his house to rape his wife after he had drugged her into a unconscious state.

We trust the jury will declare that in this society, fundamental rights are also rights of women – that agreement is individual, not delegated,” stated the victim's attorney, her legal representative. “Consent is secured directly and not through someone else from a husband.”

Background

The husband, one of the worst sex offenders in recent French history, was given a prison term to two decades in prison last year for drugging his then wife and bringing in multiple perpetrators to rape her in her home in the community of the village of Mazan over a duration of almost a decade of their marriage.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and Dogan was the only man to challenge his conviction. He was initially given a sentence to 9 years in prison, a penalty enhanced on Thursday to ten years.

The state's attorney, Dominique Sie, had argued he should serve twelve years, because he “completely denies to take any accountability”.

Evidence Presented

The defendant had initially sent Dominique Pelicot graphic images and then driven an hour from his town in Provence to assault Gisèle Pelicot, after telling his wife he was leaving, the court heard.

The ex-husband, who was transported from solitary confinement in prison to temporarily testify at the hearing, stated to the court that the accused had known his wife had been “incapacitated” and he said to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a central issue for a wider discussion on sexual violence norms in society as the defendant continued to claim he was innocent and had not engaged in violation, arguing that because the victim's husband had allowed him into the bedroom, his behavior had been acceptable.

The jury in the Nîmes appeals court was presented with recorded footage of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a unconscious condition, while a grinning the perpetrator committed rape repeatedly over a period of what police said was several hours. The judge said she had been at risk of death by asphyxiation. The prosecution said there was no doubt that she had been unconscious and had not agreed.

Accused's Testimony

Dogan stated to the court the footage were simply “sexual encounters” and disputed it was assault. He said what he did was “an intimate behavior”, not rape. He stated the court: “I never raped.” He said the victim's husband had invited him to the residence, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I carried on because he reassured me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I had no desire to injure that lady.”

Victim's Response

The victim, who was applauded upon exiting the courtroom each day by crowds present to stand with her, addressed the defendant in court: “You fail to comprehend. When are you going to recognise you violated me? It’s a crime to rape an unaware woman. When did I ever give you permission? At no time.”

Gisèle Pelicot, 72, became an global icon after she waived her right to confidentiality in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, speaking to the victim in court, said the defendant's unwillingness to take blame showed that: “The shame remains. The public is maybe in the course of that, possibly motivated by the societal understanding brought by the exposure of your situation.”

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

Sie addressed Dogan: “For as much as you refuse to admit it, it’s not just a woman, it’s an complete sordid cultural framework that you are supporting.”

Defendant's Background

Dogan was originated from Turkey and at the age of 5 came to the nation of France, where his parent worked as a concierge. The evidence indicated that his parent was aggressive and that the defendant began consuming marijuana at the age of ten. When he was 17 he was apprehended by police for dealing drugs and his parent forced him to leave the residence. He spent time in prison for drug dealing 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 son with special needs, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The testimony revealed his wife did not know he had frequent intimate relations beyond their marriage. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had informed a court psychologist that annually he engaged in transactional encounters on his special day. His legal representatives stated to the court he had arthritis triggered by the stress of the first trial.