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A defendant was declared guilty on retrial of sexually assaulting Gisèle Pelicot after she was rendered comatose by her then-husband – and was given his jail term raised to 10 years.

Appeal Trial

The defendant, forty-four, 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 panel of five men and four women, sitting with three judges, ruled against Dogan on Thursday of raping the victim in her residence in southern France in the early hours of June 29, 2019.

The testimony revealed that the accused, a married father, made contact with Gisèle Pelicot’s husband at the time, the husband, in an online chatroom named “without her knowledge”, where Pelicot was recruiting men to visit his house to rape his wife once he had rendered her unconscious into a comatose state.

“We hope the jury will affirm that in this nation, human rights are also rights of women – that agreement is personal, not given by another,” said Gisèle Pelicot’s attorney, Antoine Camus. “Permission is received directly and not through someone else from a husband.”

Context

The ex-husband, among the most severe sexual predators in recent French history, was given a prison term to 20 years in prison last year for incapacitating his spouse and bringing in dozens of men to rape her in her home in the community of the village of Mazan over a duration of nearly ten years of their union.

Numerous other individuals were found convicted in a widely publicized trial last year, and the appellant was the only man to contest his verdict. He was first sentenced to nine years in prison, a punishment enhanced on Thursday to ten years.

The chief prosecutor, the prosecutor, had stated he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

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

The ex-husband, who was transported from segregation in prison to temporarily give evidence at the retrial, stated to the court that Dogan had been aware his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a central issue for a larger conversation on rape culture in society as the defendant continued to assert he was blameless and had not engaged in violation, contending that because the victim's husband had welcomed him into the bedroom, his conduct had been justifiable.

The panel in the higher court was shown recorded footage of the victim's unresponsive form, unconscious and snoring in a unconscious condition, while a grinning the perpetrator engaged in violation multiple times over a timeframe of what authorities reported was three and a half hours. The judge said she had been at risk of death by suffocation. The prosecution said there was no doubt that she had been unaware and had not agreed.

Defendant's Statements

Dogan stated to the court the videos were simply “sexual encounters” and denied it was rape. He said what he did was “a sexual act”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was acceptable. He said he was influenced by the husband. “I tried to halt,” Dogan informed the court. “I carried on because he convinced me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I never wanted to hurt that woman.”

Survivor's Statement

Gisèle Pelicot, who was supported upon departing the trial each day by supporters assembled to support her, said to the defendant in court: “You do not grasp. When are you going to recognise you assaulted me? It is unlawful to assault an unconscious woman. How could I have give you consent? Not once.”

Gisèle Pelicot, 72, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said the defendant's unwillingness to take accountability showed that: “The shame remains. Society is perhaps in the process of that, maybe propelled by the collective awareness spurred by the exposure of your situation.”

The prosecutor said Dogan’s claims of blamelessness showed how normalized violence was still prevalent in society as part of “old-fashioned” forms of “gender-based power”. He said: “Now we must change the culture of violence to a culture of consent.”

The prosecutor said to the defendant: “While you reject it, it’s not just a woman, it’s an complete unpleasant societal structure that you are endorsing.”

Biographical Details

The accused was originated from Turkey and at the age of five came to France, where his parent worked as a concierge. The court heard that his parent was violent and that Dogan began consuming marijuana at the age of 10. When he was seventeen he was caught by authorities for selling narcotics and his father kicked him out the residence. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a builder but had experienced periods of living on the streets.

He was married and had a son with a genetic condition, who he was the principal carer for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had frequent intimate relations outside their union. His legal team said this was his way of coping with his stressful life. Dogan had informed a mental health expert that once a year he engaged in transactional encounters on his special day. His legal representatives informed the court he had a medical condition resulting from the anxiety of the initial proceedings.