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An individual was declared guilty on retrial of sexually assaulting Gisele Pelicot following she was rendered comatose by her husband – and received his incarceration period raised to a decade.

Appeal Trial

Dogan, 44, an unemployed builder, who had challenged his first conviction last year, underwent a new trial this week at the Nîmes court of appeal.

A jury of four women and five men, joined by three judges, found Dogan guilty on Thursday of raping the victim in her residence in Provence in the early hours of 29 June 2019.

The evidence showed that Dogan, a family man, connected with the victim's husband at the time, Dominique Pelicot, in an internet forum called “without her consent”, where the husband was recruiting men to visit his house to assault his wife once he had drugged her into a unconscious state.

We trust the panel will say loud and clear that in this country, human rights are also rights of women – that agreement is individual, not delegated,” declared the victim's attorney, Antoine Camus. “Permission is obtained directly and not by proxy from a spouse.”

Background

The ex-husband, among the most severe sexual predators in France's contemporary records, was sentenced to two decades in prison last year for incapacitating his wife at the time and soliciting multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a duration of almost a decade of their marriage.

Fifty other men were found guilty in a widely publicized trial last year, and Dogan was the single defendant to contest his conviction. He was originally handed a term to 9 years in prison, a penalty increased on Thursday to 10 years.

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

Courtroom Details

The defendant had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his town in the region to rape the victim, after informing his wife he was stepping out, the testimony revealed.

The ex-husband, who was transported from isolation in prison to temporarily testify at the appeal trial, informed the court that the accused had understood his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep without her consent.”

The courtroom became a key topic for a wider discussion on societal attitudes in society as the defendant continued to say he was blameless and had not committed rape, stating that because the victim's husband had welcomed him into the bedroom, his behavior had been justifiable.

The panel in the higher court was displayed recorded footage of the victim's limp body, unconscious and snoring in a unconscious condition, while a grinning the perpetrator performed assault repeatedly over a period of what police said was several hours. The court official said she had been at danger of death by suffocation. The state prosecution said there was no question that she had been unconscious and had not consented.

Dogan's Claims

Dogan stated to the court the recordings were simply “sexual encounters” and denied it was rape. He said what he did was “a sexual act”, not rape. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused told the court. “I continued because he persuaded me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I had no desire to harm that woman.”

Survivor's Statement

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

The victim, 72, became an global icon after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, addressing the victim in court, said Dogan’s refusal to take responsibility showed that: “Shame has not yet changed sides. The public is maybe in the process of that, possibly propelled by the collective awareness spurred by the revelation of your case.”

Sie said the defendant's claims of innocence showed how societal tolerance was still common in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change rape culture to a culture of consent.”

The prosecutor addressed the defendant: “For as much as you refuse to admit it, it’s not just a person, it’s an complete sordid societal structure that you are endorsing.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of five relocated to the nation of France, where his father worked as a concierge. The court heard that his father was aggressive and that Dogan began using drugs at the age of 10. When he was seventeen he was apprehended by police for dealing drugs and his parent kicked him out the residence. He was incarcerated in prison for drug dealing in his early 20s and had worked as a builder but had undergone periods of homelessness.

He was married and had a son with a genetic condition, who he was the principal carer for, as his wife worked in a institution's dining hall. The evidence showed his spouse did not know he had frequent sexual encounters beyond their union. His legal team said this was his strategy for managing with his difficult circumstances. The defendant had stated to a evaluator that annually he looked for commercial sex on his special day. His attorneys stated to the court he had a medical condition triggered by the anxiety of the initial proceedings.