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An individual was declared guilty on retrial of sexually assaulting Gisèle Pelicot after she was rendered comatose by her then-husband – and was given his prison sentence extended to ten years.

Retrial Proceedings

Dogan, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, underwent a retrial this week at the Nîmes court of appeal.

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

The testimony revealed that Dogan, a family man, made contact with the victim's husband at the time, Dominique Pelicot, in an digital platform titled “without her consent”, where Pelicot was looking for men to enter his residence to assault his wife once he had drugged her into a deep sleep.

We expect the court will affirm that in this nation, fundamental rights are also women’s rights – that consent is individual, not delegated,” stated the victim's lawyer, her legal representative. “Consent is secured directly and not by proxy from a husband.”

Background

The husband, a notorious sexual predators in France's contemporary records, was given a prison term to twenty years in prison last year for drugging his spouse and bringing in dozens of men to rape her in her home in the town of the village of Mazan over a duration of many years of their marriage.

Numerous other individuals were found culpable in a notable trial last year, and the appellant was the sole individual to contest his sentence. He was originally given a sentence to nine years in prison, a sentence increased on Thursday to ten years.

The chief prosecutor, Dominique Sie, had stated he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Courtroom Details

Dogan had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his residence in the region to assault Gisèle Pelicot, after notifying his wife he was going out, the court heard.

The ex-husband, who was brought from solitary confinement in prison to temporarily give evidence at the retrial, stated to the court that the accused had been aware his wife had been “drugged” and he communicated to men by phone: “I seek someone to assault my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a central issue for a broader debate on sexual violence norms in society as the defendant continued to assert he was innocent and had not committed rape, contending that because Gisèle Pelicot’s husband had allowed him into the residence, his actions had been acceptable.

The panel in the Nîmes appeals court was presented with visual proof of the victim's limp body, sedated and breathing heavily in a deep sleep, while a grinning Dogan committed rape multiple times over a period of what investigators stated was three and a half hours. The court official said she had been at danger of fatal outcome by suffocation. The state's case said there was no doubt that she had been incapacitated and had not consented.

Dogan's Claims

Dogan informed the court the recordings were simply “sex scenes” and denied it was assault. He said what he did was “a consensual activity”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had allowed him to the home, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I continued because he convinced me.”

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

Victim's Response

Gisèle Pelicot, who was applauded upon departing the trial each day by supporters present to support her, told Dogan in court: “You haven’t understood. When are you going to recognise you raped me? It is illegal to assault an incapacitated woman. How could I have give you consent? Never.”

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

State's Argument

The prosecutor, turning to the victim in court, said the defendant's failure to take blame showed that: “The shame remains. The public is maybe in the course of that, possibly motivated by the collective awareness brought by the exposure of your ordeal.”

The prosecutor said Dogan’s claims of innocence showed how normalized violence 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 society based on agreement.”

Sie told the defendant: “While you refuse to admit it, it’s not just a individual, it’s an complete disturbing cultural framework that you are upholding.”

Personal History

The accused was born in Turkey and at the age of 5 moved to France, where his parent worked as a building manager. The testimony revealed that his father was aggressive and that the defendant began consuming marijuana at the age of ten. When Dogan was seventeen he was caught by police for selling narcotics and his parent kicked him out the residence. He served time in prison for trafficking in his young adulthood and had worked as a builder but had undergone periods of homelessness.

He was married and had a child with special needs, who he was the principal carer for, as his spouse worked in a school canteen. The evidence showed his spouse did not know he had frequent sexual encounters outside their marriage. His defence said this was his way of coping with his stressful life. Dogan had informed a mental health expert that once a year he engaged in transactional encounters on his birthday. His legal representatives stated to the court he had joint inflammation resulting from the anxiety of the initial proceedings.