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A defendant has been found guilty on retrial of raping Gisèle Pelicot after she was rendered comatose by her spouse – and was given his prison sentence extended to a decade.

Appeal Trial

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

A panel of four women and five men, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her bedroom in southern France in the morning of June 29, 2019.

The testimony revealed that the accused, a family man, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom titled “without her consent”, where Pelicot was seeking men to visit his house to assault his wife after he had rendered her unconscious into a deep sleep.

We trust the panel will affirm that in this nation, fundamental rights are also rights of women – that agreement is personal, not delegated,” declared the victim's attorney, her legal representative. “Permission is secured personally and not via a representative from a husband.”

Context

Dominique Pelicot, among the most severe sexual predators in recent French history, was handed a sentence to 20 years in prison last year for incapacitating his spouse and inviting multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a period of many years of their union.

Numerous other individuals were found culpable in a widely publicized trial last year, and the appellant was the sole individual to contest his sentence. He was originally handed a term to 9 years in prison, a punishment increased on Thursday to a decade.

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

Testimony and Proof

Dogan had first sent Dominique Pelicot graphic images and then traveled an hour from his residence in Provence to assault the victim, after informing his wife he was going out, the court heard.

The ex-husband, who was brought from segregation in prison to briefly provide testimony at the hearing, stated to the court that Dogan had been aware his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her knowledge.”

The trial became a focus point for a broader debate on sexual violence norms in society as the defendant continued to claim he was innocent and had not committed rape, arguing that because the victim's husband had invited him into the bedroom, his conduct had been acceptable.

The jury in the higher court was presented with recorded footage of the victim's unconscious figure, comatose and breathing heavily in a unconscious condition, while a smiling Dogan performed assault repeatedly over a duration of what police said was three and a half hours. The presiding judge said she had been at danger of fatal outcome by asphyxiation. The state's case said there was no question that she had been unaware and had not agreed.

Accused's Testimony

The defendant told the court the videos were simply “sexual encounters” and rejected it was rape. He said what he did was “a sexual act”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I carried on because he reassured me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I never wanted to harm that individual.”

Survivor's Statement

The victim, who was supported upon exiting the courtroom each day by supporters assembled to back her, addressed the defendant in court: “You fail to comprehend. When will you admit you raped me? It is unlawful to assault an unaware woman. At what point did I give you permission? At no time.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she relinquished her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, addressing the victim in court, said Dogan’s unwillingness to take responsibility showed that: “Guilt has not shifted. The public is perhaps in the course of that, maybe propelled by the collective awareness brought by the exposure of your ordeal.”

Sie said the defendant's claims of innocence 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 society based on agreement.”

The prosecutor told Dogan: “While you reject it, it’s not just a woman, it’s an entire disturbing social system that you are endorsing.”

Defendant's Background

The accused was originated from Turkey and at the age of 5 moved to France, where his father worked as a building manager. The court heard that his father was violent and that the defendant began smoking cannabis at the age of 10. When Dogan was 17 he was caught by authorities for selling narcotics and his father kicked him out of home. He was incarcerated in prison for trafficking in his twenties and had worked as a builder but had experienced periods of homelessness.

He was married and had a child with special needs, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The court heard his wife did not know he had regular extramarital activities outside their union. His defence said this was his method of dealing with his stressful life. The defendant had informed a court psychologist that annually he looked for transactional encounters on his special day. His legal representatives stated to the court he had arthritis caused by the anxiety of the first trial.