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A defendant has been found guilty on retrial of sexually assaulting Gisele Pelicot following she was rendered comatose by her then-husband – and received his jail term extended to a decade.

Higher Court Case

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

A panel of nine jurors, joined by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her home in southern France in the morning of 29 June 2019.

The evidence showed that Dogan, a married father, reached out to Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum named “without her knowledge”, where Pelicot was recruiting men to come to his home to rape his wife once he had drugged her into a comatose state.

We expect the court will declare that in this country, fundamental rights are also rights of women – that agreement is individual, not delegated,” declared Gisèle Pelicot’s lawyer, her legal representative. “Consent is received personally and not through someone else from a husband.”

Context

The husband, a notorious sexual predators in recent French history, was sentenced to 20 years in prison last year for sedating his then wife and soliciting dozens of men to rape her in her home in the Provence village of Mazan over a period of almost a decade of their union.

Numerous other individuals were found culpable in a notable trial last year, and the appellant was the single defendant to contest his sentence. He was originally sentenced to 9 years in prison, a sentence raised on Thursday to ten years.

The chief prosecutor, Dominique Sie, had contended he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

Dogan had initially sent the husband sexually explicit photos and then traveled an hour from his village in Provence to rape the victim, after informing his wife he was leaving, the testimony revealed.

Pelicot, who was transported from solitary confinement in prison to briefly give evidence at the appeal trial, told the court that the accused had been aware his wife had been “drugged” and he told to men by phone: “I want someone to assault my wife after I’ve sedated her unbeknownst to her.”

The trial became a focus point for a broader debate on sexual violence norms in society as Dogan continued to claim he was blameless and had not perpetrated assault, stating that because the victim's husband had welcomed him into the bedroom, his actions had been permissible.

The panel in the higher court was displayed recorded footage of the victim's limp body, unconscious and snoring in a deep sleep, while a smiling Dogan performed assault multiple times over a timeframe of what investigators stated was 3.5 hours. The judge said she had been at risk of fatal outcome by choking. The state prosecution said there was absolute certainty that she had been unaware and had not given permission.

Accused's Testimony

Dogan informed the court the videos were simply “sex scenes” and rejected it was violation. He said what he did was “a sexual act”, not assault. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was OK. He said he was deceived by the husband. “I tried to halt,” Dogan informed the court. “I proceeded because he persuaded me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to injure that individual.”

Victim's Response

The survivor, who was applauded upon departing the trial each day by supporters present to support her, told Dogan in court: “You fail to comprehend. When will you admit you raped me? It is illegal to rape an unconscious woman. At what point did I give you agreement? At no time.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she relinquished her right to confidentiality in the trial last year when she said: “The shame should shift.”

Legal Commentary

The prosecutor, speaking to the victim in court, said Dogan’s refusal to take accountability showed that: “Guilt has not shifted. Society is possibly in the process of that, maybe motivated by the public consciousness resulting from the exposure of your case.”

Sie said the defendant's claims of non-guilt showed how rape culture was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change the culture of violence to a culture of consent.”

Sie addressed the defendant: “While you deny it, it’s not just a person, it’s an complete unpleasant cultural framework that you are endorsing.”

Defendant's Background

The accused was born in Turkey and at the age of 5 moved to France, where his father worked as a building manager. The testimony revealed that his father was aggressive and that Dogan began using drugs at the age of ten. When he was 17 he was apprehended by police for drug trafficking and his parent forced him to leave the residence. He spent time in prison for trafficking in his twenties and had worked as a builder but had faced periods of being unhoused.

He was wed and had a child with Down’s syndrome, who he was the principal carer for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had regular extramarital activities beyond their marriage. His legal team said this was his method of dealing with his stressful life. The defendant had told a evaluator that each year he engaged in commercial sex on his birthday. His lawyers informed the court he had a medical condition resulting from the pressure of the initial proceedings.