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A defendant was declared guilty on appeal of sexually assaulting Gisele Pelicot after she was rendered comatose by her spouse – and was given his prison sentence raised to ten years.

Retrial Proceedings

The defendant, 44, an unemployed builder, who had challenged his first conviction last year, faced a new trial this week at the higher court in Nîmes.

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

The testimony revealed that Dogan, a married father, made contact with Gisèle Pelicot’s husband at the time, the husband, in an digital platform titled “without her knowledge”, where the husband was seeking men to come to his home to assault his wife once he had sedated her into a unconscious state.

We trust the court will say loud and clear that in this society, human rights are also women’s rights – that consent is personal, not delegated,” stated the victim's lawyer, Antoine Camus. “Agreement is received directly and not via a representative from a husband.”

Background

The ex-husband, among the most severe sex offenders in recent French history, was handed a sentence to two decades in prison last year for sedating his spouse and inviting multiple perpetrators to rape her in her home in the community of the village of Mazan over a duration of nearly ten years of their marriage.

Fifty other men were found convicted in a notable trial last year, and the appellant was the only man to contest his verdict. He was first given a sentence to nine years in prison, a sentence raised on Thursday to ten years.

The chief prosecutor, Dominique Sie, had argued he should serve twelve years, because he “completely denies to take any accountability”.

Testimony and Proof

Dogan had initially sent the husband graphic images and then traveled an hour from his village in Provence to assault Gisèle Pelicot, after informing his wife he was leaving, the testimony revealed.

The ex-husband, who was transported from isolation in prison to briefly provide testimony at the retrial, told the court that the accused had been aware his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her consent.”

The courtroom became a key topic for a wider discussion on rape culture in society as Dogan continued to say he was innocent and had not committed rape, contending that because Gisèle Pelicot’s husband had allowed him into the room, his behavior had been justifiable.

The jury in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a unconscious condition, while a grinning Dogan engaged in violation repeatedly over a timeframe of what police said was 3.5 hours. The presiding judge said she had been at danger of fatal outcome by asphyxiation. The prosecution said there was absolute certainty that she had been unaware and had not consented.

Accused's Testimony

Dogan told the court the footage were simply “sex scenes” and denied it was rape. He said what he did was “a sexual act”, not rape. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I proceeded because he reassured me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I had no desire to injure that woman.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon departing the trial each day by crowds assembled to back her, said to the defendant in court: “You fail to comprehend. When are you going to recognise you assaulted me? It’s a crime to assault an unaware woman. When did I ever give you agreement? Not once.”

The victim, seventy-two, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, addressing Gisèle Pelicot in court, said Dogan’s unwillingness to take responsibility showed that: “Shame has not yet changed sides. The community is perhaps in the process of that, perhaps driven by the collective awareness resulting from the exposure of your situation.”

Sie said the defendant's claims of innocence showed how rape culture was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “Now we must change the culture of violence to a ethos of permission.”

Sie said to Dogan: “While you deny it, it’s not just a person, it’s an entire unpleasant cultural framework that you are supporting.”

Personal History

The accused was originated from Turkey and at the age of five relocated to France, where his father worked as a building manager. The court heard that his parent was abusive and that Dogan began using drugs aged 10. When he was 17 he was stopped by authorities for drug trafficking and his parent kicked him out the residence. He served time in prison for drug dealing in his twenties and had worked as a laborer but had faced periods of living on the streets.

He was married and had a son with a genetic condition, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The evidence showed 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 challenging existence. Dogan had stated to a mental health expert that each year he engaged in paid sex on his special day. His legal representatives told the court he had a medical condition caused by the anxiety of the first trial.