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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 jail term increased to ten years.

Retrial Proceedings

The defendant, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, experienced a new trial this week at the Nîmes court of appeal.

A jury of four women and five men, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her home in the south of France in the morning of June 29, 2019.

The testimony revealed that Dogan, a family man, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum called “without her consent”, where the husband was looking for men to come to his home to assault his wife once he had drugged her into a comatose state.

“We hope the court will affirm that in this nation, fundamental rights are also rights of women – that consent is individual, not transferred,” said Gisèle Pelicot’s attorney, her legal representative. “Agreement is received directly and not via a representative from a husband.”

Background

The husband, one of the worst sex offenders in recent French history, was handed a sentence to 20 years in prison last year for sedating his then wife and inviting dozens of men to rape her in her home in the Provence village of Mazan over a span of almost a decade of their marriage.

Numerous other individuals were found culpable in a high-profile trial last year, and Dogan was the sole individual to appeal against his conviction. He was originally handed a term to nine years in prison, a penalty raised on Thursday to a decade.

The state's attorney, Dominique Sie, had stated he should serve 12 years, because he “absolutely refuses to take any blame”.

Evidence Presented

The defendant had first sent Dominique Pelicot graphic images and then driven an hour from his village in the region to assault the victim, after telling his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from segregation in prison to temporarily provide testimony at the retrial, stated to the court that the accused had been aware his wife had been “sedated” and he told 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 central issue for a broader debate on rape culture in society as the defendant continued to say he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had invited him into the bedroom, his conduct had been permissible.

The panel in the higher court was displayed visual proof of Gisèle Pelicot’s limp body, unconscious and snoring in a unconscious condition, while a grinning the perpetrator committed rape on several occasions over a period of what police said was several hours. The court official said she had been at risk of fatal outcome by choking. The prosecution said there was absolute certainty that she had been unaware and had not given permission.

Dogan's Claims

The defendant told the court the videos were simply “sex scenes” and rejected it was rape. He said what he did was “a sexual act”, not assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I proceeded because he persuaded me.”

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

Pelicot's Words

Gisèle Pelicot, who was cheered upon leaving court each day by onlookers assembled to stand with her, told Dogan in court: “You do not grasp. When are you going to recognise you violated me? It is illegal to assault an incapacitated woman. When did I ever give you agreement? Never.”

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

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s refusal to take accountability showed that: “The shame remains. The public is maybe in the process of that, perhaps motivated by the collective awareness brought by the exposure of your ordeal.”

Sie said Dogan’s claims of non-guilt showed how normalized violence was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a society based on agreement.”

The prosecutor addressed the defendant: “For as much as you reject it, it’s not just a person, it’s an whole unpleasant cultural framework that you are supporting.”

Defendant's Background

The accused was originated from Turkey and at the age of five came to France, where his father worked as a building manager. The testimony revealed that his parent was aggressive and that the defendant began smoking cannabis at the age of ten. When he was 17 he was apprehended by police for selling narcotics and his father evicted him of home. He spent time in prison for drug dealing in his early 20s and had worked as a builder but had undergone periods of living on the streets.

He was wed and had a son with special needs, who he was the principal carer for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had frequent extramarital activities outside their marriage. His legal team said this was his method of dealing with his difficult circumstances. The defendant had told a court psychologist that annually he sought commercial sex on his birthday. His attorneys told the court he had a medical condition triggered by the stress of the initial proceedings.