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A defendant was convicted on higher court review of sexually assaulting Gisèle Pelicot following she was rendered comatose by her husband – and received his incarceration period extended to 10 years.

Higher Court Case

Dogan, forty-four, an out-of-work construction worker, who had contested his first conviction last year, underwent a appeal hearing this week at the appeals court in Nîmes.

A jury of four women and five men, accompanied by three judges, found Dogan guilty on Thursday of raping Pelicot in her home in southern France in the early hours of June 29, 2019.

The evidence showed that the accused, a married father, made contact with the victim's spouse, the husband, in an digital platform named “unbeknownst to her”, where the husband was seeking men to enter his residence to rape his wife after he had drugged her into a deep sleep.

We trust the panel will declare that in this society, fundamental rights are also rights of women – that permission is personal, not transferred,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Consent is obtained personally and not by proxy from a husband.”

Context

The ex-husband, one of the worst sexual predators in recent French history, was sentenced to 20 years in prison last year for incapacitating his wife at the time and soliciting numerous individuals to rape her in her home in the town of Mazan over a span of almost a decade of their union.

Numerous other individuals were found guilty in a widely publicized trial last year, and the appellant was the single defendant to contest his conviction. He was initially sentenced to nine years in prison, a penalty increased on Thursday to a decade.

The state's attorney, the prosecutor, had stated he should serve 12 years, because he “completely denies to take any blame”.

Testimony and Proof

The defendant had initially sent the husband graphic images and then driven an hour from his town in the region to rape Gisèle Pelicot, after notifying his wife he was going out, the evidence indicated.

The ex-husband, who was brought from isolation in prison to briefly provide testimony at the retrial, stated to the court that the accused had been aware his wife had been “drugged” and he communicated to men by phone: “I seek someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a key topic for a broader debate on societal attitudes in society as the defendant continued to say he was innocent and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his actions had been permissible.

The jury in the higher court was displayed video evidence of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a unconscious condition, while a smiling Dogan engaged in violation multiple times over a timeframe of what authorities reported was 3.5 hours. The judge said she had been at risk of fatal outcome by choking. The state prosecution said there was no question that she had been unaware and had not agreed.

Accused's Testimony

The defendant stated to the court the recordings were simply “intimate moments” and rejected it was violation. He said what he did was “a sexual act”, not rape. He declared the court: “I am innocent of assault.” He said the victim's husband had brought him to the residence, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” Dogan informed the court. “I continued because he convinced me.”

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

Victim's Response

The survivor, who was cheered upon leaving court each day by crowds gathered to support her, told Dogan in court: “You fail to comprehend. When will you admit you assaulted me? It is unlawful to assault an unaware woman. How could I have give you consent? Not once.”

The victim, 72, became an international feminist hero after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, turning to Gisèle Pelicot in court, said the defendant's refusal to take blame showed that: “Shame has not yet changed sides. Society is possibly in the process of that, perhaps propelled by the collective awareness resulting from the publication of your case.”

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

Sie said to the defendant: “As long as you deny it, it’s not just a individual, it’s an entire disturbing social system that you are supporting.”

Defendant's Background

Dogan was originated from Turkey and at the age of five moved to France, where his parent worked as a building manager. The court heard that his father was aggressive and that the defendant began smoking cannabis aged 10. When Dogan was seventeen he was caught by police for dealing drugs and his parent forced him to leave the residence. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a builder but had undergone periods of being unhoused.

He was wed and had a son with special needs, who he was the main caregiver for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had regular extramarital activities outside their union. His legal team said this was his way of coping with his stressful life. The defendant had told a mental health expert that once a year he looked for transactional encounters on his birthday. His attorneys informed the court he had joint inflammation caused by the pressure of the original case.