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A man has been found guilty on appeal of sexually assaulting Gisèle Pelicot following she was rendered comatose by her spouse – and was given his jail term raised to ten years.

Higher Court Case

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

A jury of five men and four women, joined by three judges, ruled against Dogan on Thursday of raping Pelicot in her residence in the south of France in the early hours of 29 June 2019.

The court heard that Dogan, a married father, connected with Gisèle Pelicot’s spouse, the husband, in an online chatroom called “without her consent”, where Pelicot was looking for men to enter his residence to assault his wife after he had drugged her into a unconscious state.

“We hope the court will say loud and clear that in this society, human rights are also women’s rights – that agreement is personal, not delegated,” said Gisèle Pelicot’s lawyer, her legal representative. “Consent is received directly and not by proxy from a husband.”

Background

The husband, one of the worst sexual predators in recent French history, was given a prison term to twenty years in prison last year for drugging his then wife and soliciting numerous individuals to rape her in her home in the community of the village of Mazan over a period of almost a decade of their union.

Numerous other individuals were found culpable in a widely publicized trial last year, and Dogan was the only man to appeal against his sentence. He was originally given a sentence to nine years in prison, a penalty enhanced on Thursday to 10 years.

The chief prosecutor, the prosecutor, had argued he should serve 12 years, because he “completely denies to take any blame”.

Evidence Presented

The defendant had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his village in the region to rape the victim, after informing his wife he was going out, the testimony revealed.

The ex-husband, who was transported from isolation in prison to briefly testify at the hearing, informed the court that the accused had understood his wife had been “sedated” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep without her knowledge.”

The trial became a focus point for a wider discussion on sexual violence norms in society as Dogan continued to assert he was not guilty and had not perpetrated assault, stating that because the victim's husband had allowed him into the residence, his actions had been justifiable.

The panel in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a deep sleep, while a grinning Dogan performed assault multiple times over a timeframe of what authorities reported was 3.5 hours. The court official said she had been at danger of fatal outcome by choking. The state's case said there was no question that she had been unaware and had not given permission.

Accused's Testimony

Dogan told the court the videos 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 am innocent of assault.” He said the victim's husband had allowed him to the residence, and therefore it was OK. He said he was manipulated by the husband. “I wanted to stop,” Dogan stated to the court. “I carried on because he persuaded me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I had no desire to injure that individual.”

Victim's Response

Gisèle Pelicot, who was cheered upon departing the trial each day by supporters assembled to stand with her, addressed the defendant in court: “You fail to comprehend. When will you admit you assaulted me? It’s a crime to assault an incapacitated woman. At what point did I give you permission? Not once.”

Gisèle Pelicot, seventy-two, became an global icon after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, turning to the victim in court, said Dogan’s unwillingness to take accountability showed that: “Guilt has not shifted. The community is possibly in the course of that, maybe driven by the collective awareness spurred by the publication of your case.”

The prosecutor said the defendant's claims of innocence showed how rape culture was still widespread in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a culture of consent.”

The prosecutor addressed the defendant: “While you reject it, it’s not just a individual, it’s an whole disturbing cultural framework that you are endorsing.”

Personal History

Dogan was born in the country of Turkey and at the age of five relocated to the nation of France, where his parent worked as a concierge. The evidence indicated that his father was violent and that Dogan began smoking cannabis aged ten. When Dogan was 17 he was apprehended by police for selling narcotics and his father kicked him out the residence. He was incarcerated in prison for trafficking in his twenties and had worked as a laborer but had experienced periods of living on the streets.

He was married and had a son with a genetic condition, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The evidence showed his spouse did not know he had regular sexual encounters beyond their union. His legal team said this was his method of dealing with his challenging existence. Dogan had told a mental health expert that once a year he sought paid sex on his birthday. His lawyers told the court he had a medical condition triggered by the stress of the first trial.