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A defendant was declared guilty on retrial of sexually assaulting Gisèle Pelicot after she was rendered comatose by her husband – and has had his jail term raised to a decade.

Higher Court Case

The defendant, 44, an unemployed builder, who had contested his first conviction last year, faced a appeal hearing this week at the Nîmes court of appeal.

A jury of four women and five men, joined by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in the south of France in the morning of June 29, 2019.

The evidence showed that the accused, a family man, made contact with the victim's husband at the time, Dominique Pelicot, in an internet forum called “without her knowledge”, where the husband was looking for men to enter his residence to rape his wife after he had rendered her unconscious into a comatose state.

“We hope the jury will declare that in this society, human rights are also rights of women – that permission is personal, not delegated,” stated the victim's attorney, Antoine Camus. “Agreement is received personally and not by proxy from a spouse.”

Background

The ex-husband, among the most severe sex offenders in modern French history, was sentenced to two decades in prison last year for drugging his wife at the time and inviting dozens of men to rape her in her home in the town of Mazan over a duration of nearly ten years of their union.

Numerous other individuals were found convicted in a widely publicized trial last year, and the appellant was the sole individual to contest his sentence. He was initially handed a term to 9 years in prison, a punishment raised on Thursday to ten years.

The lead state prosecutor, the prosecutor, had stated he should serve 12 years, because he “completely denies to take any responsibility”.

Courtroom Details

The defendant had first sent the husband graphic images and then driven an hour from his residence in the region to rape the victim, after informing his wife he was stepping out, the court heard.

Pelicot, who was brought from solitary confinement in prison to temporarily provide testimony at the appeal trial, informed the court that Dogan had been aware his wife had been “sedated” and he told to men by phone: “I want someone to assault my wife after I’ve sedated her without her knowledge.”

The proceedings became a central issue for a broader debate on societal attitudes in society as the defendant continued to claim he was blameless and had not engaged in violation, contending that because the victim's husband had invited him into the residence, his behavior had been justifiable.

The panel in the higher court was presented with recorded footage of Gisèle Pelicot’s unconscious figure, comatose and snoring in a comatose state, while a grinning Dogan performed assault repeatedly over a duration of what authorities reported was three and a half hours. The presiding judge said she had been at peril of fatal outcome by suffocation. The prosecution said there was no question that she had been unconscious and had not agreed.

Accused's Testimony

Dogan informed the court the recordings were simply “sex scenes” and denied it was rape. He said what he did was “an intimate behavior”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I attempted to cease,” Dogan told the court. “I proceeded because he convinced me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to harm that woman.”

Pelicot's Words

The survivor, who was supported upon leaving court each day by crowds present to support her, said to Dogan in court: “You fail to comprehend. When will you admit you violated me? It is unlawful to rape an unaware woman. At what point did I give you permission? Never.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, turning to the victim in court, said the defendant's unwillingness to take responsibility showed that: “Shame has not yet changed sides. The public is possibly in the course of that, perhaps motivated by the societal understanding resulting from the publication of your case.”

Sie said the defendant's claims of non-guilt showed how societal tolerance was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change rape culture to a ethos of permission.”

Sie said to Dogan: “As long as you refuse to admit it, it’s not just a individual, it’s an complete disturbing cultural framework that you are upholding.”

Personal History

Dogan was born in the country of Turkey and at the age of five moved to the nation of France, where his father worked as a building manager. The court heard that his parent was aggressive and that Dogan began consuming marijuana aged ten. When Dogan was seventeen he was caught by authorities for drug trafficking and his parent evicted him the family house. He spent time in prison for drug dealing in his early 20s and had worked as a laborer but had experienced periods of homelessness.

He was married and had a child 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 repeated sexual encounters outside their marriage. His defence said this was his strategy for managing with his stressful life. Dogan had stated to a court psychologist that once a year he engaged in paid sex on his birthday. His lawyers informed the court he had a medical condition caused by the pressure of the first trial.