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A man was declared guilty on retrial of sexually assaulting Gisele Pelicot following she was rendered comatose by her then-husband – and has had his jail term increased to ten years.

Higher Court Case

Dogan, 44, an unemployed builder, who had challenged his first conviction last year, underwent a retrial this week at the higher court in Nîmes.

A panel of four women and five men, joined by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her residence in Provence in the early hours of June 29, 2019.

The court heard that Dogan, a married father, connected with Gisèle Pelicot’s husband at the time, the husband, in an online chatroom called “without her consent”, where Pelicot was seeking men to visit his house to assault his wife once he had drugged her into a unconscious state.

We expect the panel will affirm that in this society, human rights are also rights of women – that agreement is personal, not given by another,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Permission is secured personally and not through someone else from a spouse.”

Context

Dominique Pelicot, among the most severe sexual predators in modern French history, was sentenced to two decades in prison last year for drugging his spouse and inviting multiple perpetrators to sexually assault her in her home in the town of the village of Mazan over a period of almost a decade of their union.

Dozens of additional defendants were found guilty in a widely publicized trial last year, and Dogan was the sole individual to challenge his verdict. He was first sentenced to nine years in prison, a punishment increased on Thursday to a decade.

The lead state prosecutor, the prosecutor, had argued he should serve 12 years, because he “absolutely refuses to take any accountability”.

Courtroom Details

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

The ex-husband, who was transported from segregation in prison to briefly give evidence at the hearing, stated to the court that Dogan had been aware his wife had been “sedated” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her unbeknownst to her.”

The trial became a focus point for a larger conversation on rape culture in society as the defendant continued to assert he was not guilty and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had invited him into the room, his conduct had been acceptable.

The jury in the higher court was presented with recorded footage of the victim's limp body, comatose and breathing heavily in a unconscious condition, while a smiling the perpetrator engaged in violation on several occasions over a timeframe of what police said was several hours. The court official said she had been at danger of fatal outcome by choking. The state's case said there was absolute certainty that she had been unconscious and had not consented.

Defendant's Statements

Dogan stated to the court the recordings were simply “sex scenes” and denied it was violation. He said what he did was “a consensual activity”, not assault. He declared the court: “I did not commit rape.” He said the victim's husband had brought him to the house, and therefore it was OK. He said he was manipulated by the husband. “I tried to halt,” the accused stated to the court. “I continued because he reassured me.”

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

Pelicot's Words

Gisèle Pelicot, who was cheered upon leaving court each day by onlookers assembled to support her, told the defendant in court: “You do not grasp. When will you admit you assaulted me? It is unlawful to assault an unconscious woman. At what point did I give you agreement? At no time.”

The victim, 72, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “Shame has not yet changed sides. The community is perhaps in the process of that, perhaps propelled by the public consciousness spurred by the publication of your situation.”

The prosecutor said the defendant's claims of blamelessness showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “We need to change rape culture to a ethos of permission.”

The prosecutor addressed Dogan: “While you deny it, it’s not just a individual, it’s an entire disturbing societal structure that you are supporting.”

Defendant's Background

Dogan was originated from 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 testimony revealed that his parent was violent and that the defendant began consuming marijuana at the age of 10. When Dogan was seventeen he was caught by police for selling narcotics and his parent kicked him out of home. He served time in prison for drug dealing in his early 20s and had worked as a laborer but had faced periods of living on the streets.

He was married and had a child with a genetic condition, who he was the primary guardian for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had repeated sexual encounters outside their union. His defence said this was his way of coping with his challenging existence. Dogan had informed a mental health expert that once a year he engaged in paid sex on his special day. His legal representatives stated to the court he had arthritis resulting from the pressure of the original case.