🔗 Share this article

A defendant was declared guilty on retrial of sexually assaulting Gisèle Pelicot after she was rendered comatose by her then-husband – and was given his prison sentence increased to a decade.

Retrial Proceedings

Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, faced a appeal hearing this week at the Nîmes court of appeal.

A jury of nine jurors, joined by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her bedroom in Provence in the morning of June 29, 2019.

The testimony revealed that Dogan, a family man, connected with Gisèle Pelicot’s spouse, the husband, in an digital platform titled “without her consent”, where the husband was seeking men to come to his home to rape his wife after he had rendered her unconscious into a unconscious state.

“We hope the jury will declare that in this nation, human rights are also rights of women – that agreement is personal, not given by another,” stated the victim's attorney, Antoine Camus. “Permission is obtained directly and not by proxy from a husband.”

Background

Dominique Pelicot, a notorious sex offenders in France's contemporary records, was sentenced to two decades in prison last year for incapacitating his then wife and bringing in dozens of men to rape her in her home in the town of Mazan over a span of nearly ten years of their marriage.

Fifty other men were found culpable in a notable trial last year, and Dogan was the sole individual to contest his conviction. He was originally handed a term to 9 years in prison, a sentence enhanced on Thursday to ten years.

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

Testimony and Proof

The defendant had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his village in Provence to rape Gisèle Pelicot, after telling his wife he was stepping out, the testimony revealed.

Pelicot, who was transported from solitary confinement in prison to temporarily give evidence at the appeal trial, informed the court that the accused had understood his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep without her consent.”

The trial became a focus point for a wider discussion on sexual violence norms in society as Dogan continued to claim he was blameless and had not engaged in violation, arguing that because the victim's husband had allowed him into the residence, his behavior had been permissible.

The panel in the higher court was shown recorded footage of Gisèle Pelicot’s unresponsive form, unconscious and snoring in a comatose state, while a smiling Dogan engaged in violation multiple times over a timeframe of what police said was 3.5 hours. The presiding judge said she had been at risk of fatal outcome by suffocation. The state prosecution said there was no question that she had been unconscious and had not agreed.

Defendant's Statements

The defendant informed the court the videos were simply “intimate moments” and rejected it was violation. He said what he did was “a consensual activity”, not assault. He stated the court: “I did not commit rape.” He said the victim's husband had brought him to the residence, and therefore it was permissible. He said he was deceived by the husband. “I wanted to stop,” Dogan stated to the court. “I carried on because he persuaded me.”

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

Pelicot's Words

Gisèle Pelicot, who was applauded upon leaving court each day by crowds assembled to support her, addressed Dogan in court: “You do not grasp. When will you admit you assaulted me? It’s a crime to rape an unaware woman. When did I ever give you consent? At no time.”

The victim, 72, became an global icon after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said the defendant's failure to take blame showed that: “Guilt has not shifted. The community is maybe in the process of that, maybe propelled by the public consciousness resulting from the revelation of your ordeal.”

Sie said the defendant's claims of blamelessness showed how rape culture was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change the culture of violence to a ethos of permission.”

Sie told the defendant: “As long as you refuse to admit it, it’s not just a individual, it’s an complete disturbing societal structure that you are supporting.”

Personal History

Dogan was born in the country of Turkey and at the age of five relocated to the nation of France, where his father worked as a building manager. The court heard that his father was violent and that the defendant began smoking cannabis aged ten. When he was 17 he was apprehended by police for selling narcotics and his father evicted him the residence. He was incarcerated in prison for trafficking in his young adulthood and had worked as a builder but had experienced periods of living on the streets.

He was wed and had a son with a genetic condition, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The court heard his spouse did not know he had frequent sexual encounters beyond their union. His defence said this was his strategy for managing with his challenging existence. The defendant had informed a mental health expert that each year he sought paid sex on his special day. His attorneys informed the court he had joint inflammation resulting from the pressure of the original case.