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A man was convicted on retrial of sexually assaulting Gisele Pelicot after she was rendered comatose by her husband – and has had his jail term raised to a decade.

Retrial Proceedings

Dogan, forty-four, an out-of-work construction worker, who had challenged his initial guilty verdict last year, underwent a new trial this week at the Nîmes court of appeal.

A panel of four women and five men, joined by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her residence in southern France in the early hours of 29 June 2019.

The court heard that Dogan, a married father, connected with the victim's spouse, Dominique Pelicot, in an internet forum titled “unbeknownst to her”, where Pelicot was seeking men to enter his residence to rape his wife after he had drugged her into a comatose state.

“We hope the jury will say loud and clear that in this nation, human rights are also rights of women – that permission is individual, not delegated,” stated the victim's lawyer, her legal representative. “Permission is received directly and not by proxy from a spouse.”

Context

The ex-husband, a notorious sexual predators in France's contemporary records, was given a prison term to two decades in prison last year for sedating his wife at the time and inviting numerous individuals to rape her in her home in the town of the village of Mazan over a duration of nearly ten years of their union.

Dozens of additional defendants were found convicted in a high-profile trial last year, and Dogan was the only man to appeal against his conviction. He was first handed a term 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 “completely denies to take any responsibility”.

Testimony and Proof

Dogan had initially sent the husband inappropriate pictures and then traveled an hour from his village in the region to assault the victim, after notifying his wife he was going out, the court heard.

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

The courtroom became a central issue for a broader debate on sexual violence norms in society as the defendant continued to claim he was blameless and had not committed rape, stating that because the victim's husband had invited him into the residence, his conduct had been acceptable.

The panel in the Nîmes appeals court was presented with video evidence of Gisèle Pelicot’s unresponsive form, comatose and snoring in a unconscious condition, while a smiling the perpetrator performed assault multiple times over a timeframe of what police said was several hours. The presiding judge said she had been at danger of fatal outcome by choking. The state's case said there was no question that she had been unconscious and had not given permission.

Accused's Testimony

The defendant stated to the court the videos were simply “sexual encounters” and rejected it was assault. He said what he did was “a sexual act”, not assault. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I wanted to stop,” Dogan informed the court. “I carried on because he persuaded me.”

Asked if he wanted to make a last words to the court, Dogan said: “I never wanted to hurt that woman.”

Pelicot's Words

The survivor, who was supported upon leaving court each day by supporters gathered to support her, addressed Dogan in court: “You haven’t understood. When will you admit you violated me? It is unlawful to assault an unconscious woman. How could I have give you agreement? At no time.”

Gisèle Pelicot, 72, became an international feminist hero after she relinquished her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s failure to take accountability showed that: “Shame has not yet changed sides. The public is maybe in the process of that, maybe motivated by the societal understanding spurred by the exposure of your case.”

Sie said Dogan’s claims of blamelessness showed how normalized violence was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change rape culture to a ethos of permission.”

Sie addressed Dogan: “For as much as you deny it, it’s not just a woman, it’s an complete unpleasant cultural framework that you are upholding.”

Personal History

Dogan was originated from the country of Turkey and at the age of five came to France, where his parent worked as a building manager. The testimony revealed that his parent was violent and that the defendant began consuming marijuana aged ten. When he was seventeen he was apprehended by authorities for selling narcotics and his parent evicted him the residence. He served time in prison for narcotics offenses in his young adulthood and had worked as a laborer but had experienced periods of homelessness.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had regular extramarital activities beyond their union. His defence said this was his strategy for managing with his difficult circumstances. Dogan had stated to a evaluator that annually he looked for commercial sex on his special day. His attorneys informed the court he had joint inflammation triggered by the pressure of the first trial.