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An individual has been found guilty on appeal of sexually assaulting Gisèle Pelicot after she was rendered comatose by her spouse – and received his jail term increased to a decade.

Higher Court Case

The defendant, forty-four, an unemployed builder, who had appealed his initial guilty verdict last year, underwent a new trial this week at the higher court in Nîmes.

A jury of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of raping the victim in her residence in the south of France in the morning of June 29, 2019.

The evidence showed that the accused, a married father, connected with Gisèle Pelicot’s then husband, the husband, in an online chatroom called “without her knowledge”, where Pelicot was seeking men to visit his house to rape his wife once he had rendered her unconscious into a comatose state.

We expect the panel will say loud and clear that in this society, human rights are also rights of women – that permission is individual, not given by another,” stated the victim's attorney, Antoine Camus. “Consent is secured directly and not through someone else from a spouse.”

Context

Dominique Pelicot, among the most severe sex offenders in recent French history, was sentenced to two decades in prison last year for sedating his wife at the time and inviting dozens of men to sexually assault her in her home in the town of Mazan over a period of almost a decade of their union.

Numerous other individuals were found guilty in a widely publicized trial last year, and the appellant was the sole individual to contest his verdict. He was first given a sentence to nine years in prison, a punishment enhanced on Thursday to 10 years.

The state's attorney, Dominique Sie, had argued he should serve 12 years, because he “stubbornly rejects to take any blame”.

Testimony and Proof

Dogan had first sent Dominique Pelicot graphic images and then traveled an hour from his town in Provence to rape the victim, after notifying his wife he was leaving, the testimony revealed.

The ex-husband, who was transported from isolation in prison to briefly give evidence at the hearing, informed the court that Dogan had known his wife had been “sedated” and he told to men by phone: “I want someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a central issue for a broader debate on sexual violence norms in society as Dogan continued to assert he was innocent and had not engaged in violation, arguing that because the victim's husband had invited him into the room, his actions had been acceptable.

The jury in the Nîmes appeals court was shown video evidence of the victim's limp body, sedated and breathing heavily in a deep sleep, while a smiling Dogan engaged in violation on several occasions over a period of what authorities reported was 3.5 hours. The judge said she had been at risk of fatal outcome by suffocation. The state prosecution said there was absolute certainty that she had been unaware and had not agreed.

Accused's Testimony

The defendant stated to the court the videos were simply “intimate moments” and rejected it was violation. He said what he did was “a sexual act”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I attempted to cease,” Dogan stated to the court. “I proceeded because he reassured me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to harm that woman.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon departing the trial each day by supporters gathered to support her, told the defendant in court: “You haven’t understood. When are you going to recognise you violated me? It is illegal to assault an incapacitated woman. When did I ever give you permission? Never.”

Gisèle Pelicot, 72, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s failure to take accountability showed that: “The shame remains. Society is maybe in the course of that, possibly propelled by the public consciousness spurred by the revelation of your ordeal.”

The prosecutor said Dogan’s claims of innocence showed how normalized violence was still common in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a culture of consent.”

The prosecutor told Dogan: “As long as you reject it, it’s not just a individual, it’s an entire sordid cultural framework that you are upholding.”

Biographical Details

The accused was born in Turkey and at the age of five relocated to France, where his parent worked as a caretaker. The evidence indicated that his father was aggressive and that the defendant began consuming marijuana aged 10. When he was 17 he was apprehended by police for dealing drugs and his parent kicked him out the residence. He spent time in prison for drug dealing in his early 20s and had worked as a construction worker but had experienced 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 spouse worked in a educational cafeteria. The court heard his spouse did not know he had repeated extramarital activities beyond their union. His defence said this was his method of dealing with his challenging existence. The defendant had stated to a evaluator that annually he sought commercial sex on his special day. His legal representatives informed the court he had joint inflammation caused by the pressure of the original case.