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

Appeal Trial

The defendant, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, faced a retrial this week at the appeals court in Nîmes.

A panel of nine jurors, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her residence in southern France in the early hours of 29 June 2019.

The evidence showed that the accused, a married father, reached out to the victim's then husband, Dominique Pelicot, in an digital platform called “without her consent”, where Pelicot was recruiting men to visit his house to assault his wife after he had rendered her unconscious into a unconscious state.

“We hope the panel will declare that in this country, human rights are also rights of women – that permission is individual, not delegated,” declared the victim's attorney, her legal representative. “Consent is secured directly and not via a representative from a spouse.”

Context

The husband, one of the worst sexual predators in modern French history, was sentenced to 20 years in prison last year for drugging his then wife and bringing in multiple perpetrators to rape her in her home in the community of the village of Mazan over a period of many years of their marriage.

Numerous other individuals were found convicted in a notable trial last year, and Dogan was the only man to appeal against his conviction. He was initially handed a term to 9 years in prison, a penalty raised on Thursday to ten years.

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

Testimony and Proof

The defendant had first sent the husband inappropriate pictures and then traveled an hour from his residence in Provence to assault Gisèle Pelicot, after telling his wife he was going out, the evidence indicated.

The ex-husband, who was transported from solitary confinement in prison to temporarily testify at the retrial, told 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 abuse my wife after I’ve put her to sleep without her knowledge.”

The trial became a central issue for a wider discussion on rape culture in society as Dogan continued to claim he was innocent and had not perpetrated assault, contending that because the victim's husband had welcomed him into the room, his behavior had been acceptable.

The jury in the higher court was presented with recorded footage of Gisèle Pelicot’s unconscious figure, sedated and snoring in a comatose state, while a smiling the perpetrator engaged in violation on several occasions over a timeframe of what authorities reported was 3.5 hours. The presiding judge said she had been at peril of fatal outcome by suffocation. The state prosecution said there was no doubt that she had been unaware and had not consented.

Dogan's Claims

Dogan informed the court the videos were simply “intimate moments” and denied it was assault. He said what he did was “a consensual activity”, not rape. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan told the court. “I carried on because he reassured me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I had no desire to injure that individual.”

Victim's Response

The survivor, who was applauded upon departing the trial each day by supporters gathered to back her, addressed Dogan in court: “You fail to comprehend. When will you acknowledge you raped me? It is illegal to assault an unaware woman. How could I have give you agreement? Never.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she gave up her right to confidentiality in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, addressing the victim in court, said Dogan’s unwillingness to take responsibility showed that: “The shame remains. The public is maybe in the course of that, maybe driven by the collective awareness resulting from the revelation of your case.”

The prosecutor said the defendant's claims of blamelessness showed how rape culture was still common in society as part of “outdated” forms of “male domination”. He said: “We need to change the culture of violence to a culture of consent.”

Sie told Dogan: “For as much as you reject it, it’s not just a woman, it’s an entire sordid cultural framework that you are endorsing.”

Personal History

The accused was originated from Turkey and at the age of five came to the nation of France, where his father worked as a caretaker. The evidence indicated that his father was abusive and that Dogan began smoking cannabis aged 10. When he was 17 he was caught by police for selling narcotics and his father kicked him out the family house. He was incarcerated in prison for trafficking in his early 20s and had worked as a construction worker but had faced periods of living on the streets.

He was wed and had a child with a genetic condition, who he was the principal carer for, as his wife worked in a school canteen. The court heard his wife did not know he had regular intimate relations beyond their union. His legal team said this was his method of dealing with his challenging existence. Dogan had stated to a evaluator that each year he sought paid sex on his birthday. His attorneys stated to the court he had a medical condition caused by the stress of the initial proceedings.