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An individual was declared guilty on retrial of sexually assaulting Gisèle Pelicot after she was rendered comatose by her then-husband – and received his incarceration period increased to 10 years.

Appeal Trial

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

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

The testimony revealed that the accused, a family man, reached out to the victim's husband at the time, the husband, in an digital platform called “unbeknownst to her”, where Pelicot was recruiting men to visit his house to assault his wife once he had sedated her into a unconscious state.

We expect the jury will declare that in this nation, fundamental rights are also women’s rights – that permission is personal, not delegated,” declared the victim's attorney, Antoine Camus. “Agreement is secured personally and not by proxy from a husband.”

Background

The ex-husband, a notorious sex offenders in modern French history, was sentenced to two decades in prison last year for drugging his spouse and inviting dozens of men to sexually assault her in her home in the Provence village of Mazan over a span of many years of their marriage.

Numerous other individuals were found guilty in a notable trial last year, and Dogan was the sole individual to challenge his conviction. He was initially given a sentence to 9 years in prison, a penalty raised on Thursday to ten years.

The chief prosecutor, the prosecutor, had contended he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Evidence Presented

Dogan had initially sent the husband sexually explicit photos and then traveled an hour from his residence in Provence to assault the victim, after informing his wife he was going out, the evidence indicated.

The ex-husband, who was brought from isolation in prison to briefly testify at the hearing, told the court that the accused had known his wife had been “incapacitated” and he said to men by phone: “I want someone to violate my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a focus point for a wider discussion on sexual violence norms in society as Dogan continued to say he was not guilty and had not committed rape, stating that because Gisèle Pelicot’s husband had allowed him into the room, his behavior had been justifiable.

The panel in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s unresponsive form, unconscious and snoring in a unconscious condition, while a smiling Dogan committed rape multiple times over a period of what authorities reported was three and a half hours. The judge said she had been at risk of death by choking. The prosecution said there was absolute certainty that she had been unaware and had not agreed.

Dogan's Claims

The defendant stated to the court the videos were simply “intimate moments” and disputed it was assault. He said what he did was “an intimate behavior”, not assault. He declared the court: “I did not commit rape.” He said the victim's husband had invited him to the home, and therefore it was OK. He said he was deceived by the husband. “I wanted to stop,” the accused told the court. “I proceeded because he convinced me.”

Asked if he wanted to make a last words to the court, Dogan said: “I did not intend to harm that woman.”

Survivor's Statement

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by onlookers assembled to stand with her, addressed the defendant in court: “You haven’t understood. When are you going to recognise you violated me? It is unlawful to assault an incapacitated woman. At what point did I give you agreement? At no time.”

The victim, seventy-two, became an international feminist hero after she waived her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, speaking to Gisèle Pelicot in court, said the defendant's failure to take accountability showed that: “The shame remains. Society is maybe in the process of that, perhaps propelled by the societal understanding resulting from the publication of your situation.”

Sie said the defendant's claims of innocence showed how rape culture was still common in society as part of “archaic” forms of “patriarchal control”. He said: “Now we must change rape culture to a ethos of permission.”

The prosecutor addressed the defendant: “For as much as you reject it, it’s not just a individual, it’s an whole unpleasant societal structure that you are supporting.”

Biographical Details

The accused was born in the country of Turkey and at the age of 5 came to the nation of France, where his father worked as a building manager. The testimony revealed that his parent was aggressive and that the defendant began consuming marijuana aged ten. When Dogan was 17 he was caught by police for selling narcotics and his father forced him to leave the family house. He was incarcerated in prison for trafficking in his young adulthood and had worked as a builder but had faced periods of living on the streets.

He was married and had a child with a genetic condition, who he was the principal carer for, as his wife worked in a institution's dining hall. The court heard his wife did not know he had regular sexual encounters beyond their union. His defence said this was his way of coping with his challenging existence. The defendant had informed a evaluator that annually he sought transactional encounters on his special day. His attorneys told the court he had a medical condition triggered by the pressure of the initial proceedings.