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A man was convicted on retrial of sexually assaulting Gisèle Pelicot after she was rendered comatose by her spouse – and was given his incarceration period raised to 10 years.

Appeal Trial

The defendant, forty-four, an unemployed builder, who had challenged his initial guilty verdict last year, underwent a appeal hearing 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 raping the victim in her residence in the south of France in the morning of June 29, 2019.

The testimony revealed that Dogan, a family man, made contact with the victim's husband at the time, the husband, in an online chatroom titled “without her knowledge”, where the husband was seeking men to come to his home to rape his wife after he had sedated her into a comatose state.

We expect the panel will affirm that in this society, fundamental rights are also women’s rights – that permission is personal, not given by another,” said the victim's lawyer, Antoine Camus. “Consent is secured personally and not by proxy from a husband.”

Background

Dominique Pelicot, one of the worst sex offenders in recent French history, was sentenced to twenty years in prison last year for incapacitating his spouse and inviting dozens of men to rape her in her home in the community of Mazan over a duration of many years of their marriage.

Dozens of additional defendants were found culpable in a notable trial last year, and the appellant was the only man to challenge his conviction. He was originally sentenced to 9 years in prison, a sentence raised on Thursday to 10 years.

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

Testimony and Proof

The defendant had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in Provence to rape the victim, after notifying his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from solitary confinement in prison to briefly give evidence at the retrial, told the court that the accused had understood his wife had been “sedated” and he said to men by phone: “I want someone to abuse my wife after I’ve sedated her without her knowledge.”

The trial became a key topic for a broader debate on societal attitudes in society as Dogan continued to assert he was innocent and had not engaged in violation, arguing that because the victim's husband had allowed him into the room, his conduct had been justifiable.

The panel in the higher court was displayed video evidence of the victim's unresponsive form, comatose and breathing heavily in a unconscious condition, while a smiling the perpetrator performed assault on several occasions over a duration of what police said was several hours. The court official said she had been at danger of death by asphyxiation. The state prosecution said there was no question that she had been incapacitated and had not agreed.

Defendant's Statements

Dogan stated to the court the footage were simply “intimate moments” and rejected it was assault. He said what he did was “a sexual act”, not assault. He stated the court: “I am innocent of assault.” He said the victim's husband had allowed him to the house, and therefore it was acceptable. He said he was deceived by the husband. “I wanted to stop,” Dogan informed the court. “I continued because he persuaded me.”

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

Victim's Response

The survivor, who was applauded upon leaving court each day by supporters gathered to stand with her, told the defendant in court: “You fail to comprehend. When will you acknowledge you violated me? It is illegal to assault an incapacitated woman. How could I have give you permission? Not once.”

The victim, seventy-two, became an international feminist hero 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 Gisèle Pelicot in court, said the defendant's unwillingness to take responsibility showed that: “Guilt has not shifted. Society is perhaps in the course of that, maybe propelled by the public consciousness resulting from the exposure of your ordeal.”

The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change rape culture to a culture of consent.”

The prosecutor said to Dogan: “As long as you refuse to admit it, it’s not just a individual, it’s an complete sordid social system that you are endorsing.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of 5 moved to the nation of France, where his father worked as a concierge. The testimony revealed that his father was aggressive and that the defendant began consuming marijuana aged 10. When Dogan was 17 he was stopped by authorities for drug trafficking and his parent forced him to leave the family house. He served time in prison for trafficking in his young adulthood and had worked as a construction worker but had faced periods of being unhoused.

He was married and had a son with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a school canteen. The court heard his spouse did not know he had frequent intimate relations outside their marriage. His defence said this was his method of dealing with his challenging existence. Dogan had told a mental health expert that each year he looked for paid sex on his special day. His attorneys stated to the court he had a medical condition resulting from the stress of the original case.