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A defendant was declared guilty on appeal of sexually assaulting Gisele Pelicot following she was rendered comatose by her spouse – and received his prison sentence increased to 10 years.

Higher Court Case

The defendant, forty-four, an out-of-work construction worker, who had appealed his initial guilty verdict last year, experienced a appeal hearing this week at the Nîmes court of appeal.

A jury of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her bedroom in southern France in the morning of June 29, 2019.

The court heard that Dogan, a family man, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum titled “without her knowledge”, where Pelicot was looking for men to enter his residence to rape his wife after he had drugged her into a unconscious state.

We expect the panel will say loud and clear that in this nation, fundamental rights are also rights of women – that consent is individual, not delegated,” said the victim's attorney, Antoine Camus. “Permission is received directly and not through someone else from a husband.”

Context

The husband, a notorious sex offenders in modern French history, was given a prison term to 20 years in prison last year for sedating his spouse and inviting multiple perpetrators to rape her in her home in the town of Mazan over a span of many years of their union.

Fifty other men were found guilty in a notable trial last year, and Dogan was the single defendant to contest his sentence. He was originally given a sentence to nine years in prison, a penalty increased on Thursday to a decade.

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

Courtroom Details

Dogan had initially sent Dominique Pelicot inappropriate pictures 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.

Pelicot, who was brought from isolation in prison to briefly provide testimony at the retrial, told the court that the accused had known his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep without her consent.”

The proceedings became a focus point for a broader debate on sexual violence norms in society as Dogan continued to claim he was not guilty and had not perpetrated assault, arguing that because the victim's husband had welcomed him into the residence, his behavior had been acceptable.

The panel in the higher court was displayed recorded footage of Gisèle Pelicot’s unresponsive form, sedated and snoring in a unconscious condition, while a smiling Dogan engaged in violation on several occasions over a duration of what investigators stated was several hours. The judge said she had been at danger of death by choking. The state's case said there was no question that she had been unaware and had not given permission.

Defendant's Statements

Dogan stated to the court the recordings were simply “intimate moments” and disputed it was assault. 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 allowed him to the residence, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan stated to the court. “I continued because he reassured me.”

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

Pelicot's Words

Gisèle Pelicot, who was cheered upon leaving court each day by onlookers assembled to back her, addressed Dogan in court: “You fail to comprehend. When will you admit you raped me? It is unlawful to rape an incapacitated woman. When did I ever give you consent? Not once.”

Gisèle Pelicot, seventy-two, became an global icon after she waived her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “Shame has not yet changed sides. The public is maybe in the course of that, maybe motivated by the collective awareness brought by the exposure of your ordeal.”

The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor addressed Dogan: “While you deny it, it’s not just a woman, it’s an whole sordid societal structure that you are upholding.”

Personal History

The accused was born in the country of Turkey and at the age of 5 relocated to France, where his parent worked as a concierge. The court heard that his parent was abusive and that Dogan began smoking cannabis at the age of 10. When he was seventeen he was stopped by police for drug trafficking and his parent kicked him out the residence. He was incarcerated in prison for trafficking in his twenties and had worked as a laborer but had experienced periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the principal carer for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had regular sexual encounters beyond their marriage. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had told a evaluator that annually he looked for commercial sex on his special day. His legal representatives informed the court he had joint inflammation resulting from the anxiety of the original case.