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A man has been found guilty on appeal of sexually assaulting Gisèle Pelicot after she was rendered comatose by her spouse – and has had his incarceration period increased to a decade.

Retrial Proceedings

Dogan, 44, an unemployed builder, who had challenged his initial guilty verdict last year, experienced a new trial this week at the appeals court in Nîmes.

A jury of five men and four women, joined by three judges, convicted Dogan on Thursday of raping Pelicot in her residence in Provence in the morning of June 29, 2019.

The testimony revealed that Dogan, a married father, made contact with the victim's husband at the time, the husband, in an internet forum named “unbeknownst to her”, where the husband was recruiting men to enter his residence to rape his wife once he had sedated her into a unconscious state.

We expect the panel will affirm that in this country, fundamental rights are also rights of women – that agreement is individual, not given by another,” stated Gisèle Pelicot’s attorney, her legal representative. “Consent is secured directly and not by proxy from a spouse.”

Context

The ex-husband, among the most severe sex offenders in modern French history, was handed a sentence to twenty years in prison last year for incapacitating his spouse and bringing in multiple perpetrators to sexually assault her in her home in the community of Mazan over a span of almost a decade of their union.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and the appellant was the only man to appeal against his verdict. He was first handed a term to 9 years in prison, a sentence increased on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had contended he should serve 12 years, because he “completely denies to take any accountability”.

Courtroom Details

Dogan had initially sent the husband sexually explicit photos and then traveled an hour from his town in the region to rape the victim, after informing his wife he was going out, the testimony revealed.

The ex-husband, who was transported from solitary confinement in prison to briefly provide testimony at the appeal trial, stated to the court that Dogan had been aware his wife had been “drugged” and he told to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a focus point for a broader debate on sexual violence norms in society as Dogan continued to say he was blameless and had not committed rape, stating that because the victim's husband had allowed him into the room, his behavior had been justifiable.

The jury in the higher court was shown recorded footage of the victim's unconscious figure, comatose and snoring in a deep sleep, while a smiling the perpetrator performed assault on several occasions over a timeframe of what police said was 3.5 hours. The presiding judge said she had been at peril of death by asphyxiation. The state prosecution said there was no doubt that she had been unaware and had not agreed.

Defendant's Statements

The defendant stated to the court the recordings were simply “sex scenes” and rejected it was violation. He said what he did was “a sexual act”, not rape. He stated the court: “I never raped.” He said the victim's husband had allowed him to the house, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I tried to halt,” the accused stated to the court. “I carried on because he convinced me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I never wanted to harm that individual.”

Victim's Response

Gisèle Pelicot, who was supported upon leaving court each day by onlookers gathered to stand with her, said to the defendant in court: “You haven’t understood. When will you acknowledge you assaulted me? It’s a crime to rape an unaware woman. At what point did I give you consent? Not once.”

The victim, 72, became an global icon after she waived her right to anonymity in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, addressing Gisèle Pelicot in court, said the defendant's failure to take blame showed that: “The shame remains. The community is perhaps in the midst of that, maybe driven by the societal understanding brought by the revelation of your situation.”

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

Sie told Dogan: “While you reject it, it’s not just a woman, it’s an complete unpleasant societal structure that you are upholding.”

Personal History

The accused was originated from Turkey and at the age of 5 moved to the nation of France, where his parent worked as a building manager. The testimony revealed that his father was violent and that the defendant began consuming marijuana at the age of 10. When Dogan was 17 he was caught by authorities for drug trafficking and his father evicted him the residence. He served time in prison for drug dealing in his early 20s and had worked as a construction worker but had experienced periods of being unhoused.

He was wed and had a son with a genetic condition, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The evidence showed his wife did not know he had repeated extramarital activities outside their marriage. His defence said this was his strategy for managing with his stressful life. Dogan had informed a evaluator that each year he looked for commercial sex on his special day. His legal representatives stated to the court he had arthritis triggered by the pressure of the first trial.