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An individual was declared guilty on higher court review of sexually assaulting Gisèle Pelicot after she was rendered comatose by her husband – and has had his prison sentence raised to ten years.

Retrial Proceedings

Dogan, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, experienced a appeal hearing this week at the Nîmes court of appeal.

A jury of five men and four women, accompanied by three judges, ruled against Dogan on Thursday of raping the victim in her home in southern France in the early hours of June 29, 2019.

The court heard that Dogan, a family man, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an online chatroom called “unbeknownst to her”, where Pelicot was recruiting men to visit his house to assault his wife once he had drugged her into a comatose state.

We trust the panel will affirm that in this nation, human rights are also rights of women – that agreement is individual, not given by another,” stated the victim's lawyer, Antoine Camus. “Permission is obtained directly and not through someone else from a spouse.”

Context

Dominique Pelicot, one of the worst sexual predators in modern French history, was given a prison term to two decades in prison last year for drugging his then wife and bringing in multiple perpetrators to sexually assault her in her home in the community of the village of Mazan over a period of almost a decade of their union.

Numerous other individuals were found culpable in a widely publicized trial last year, and Dogan was the sole individual to challenge his verdict. He was originally sentenced to nine years in prison, a sentence raised on Thursday to ten years.

The lead state prosecutor, the prosecutor, had contended he should serve 12 years, because he “completely denies to take any accountability”.

Evidence Presented

The defendant had first sent Dominique Pelicot graphic images and then traveled an hour from his residence in Provence to assault Gisèle Pelicot, after telling his wife he was stepping out, the testimony revealed.

Pelicot, who was brought from segregation in prison to temporarily give evidence at the hearing, informed the court that Dogan had been aware his wife had been “sedated” and he said to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep without her knowledge.”

The trial became a central issue for a broader debate on rape culture in society as Dogan continued to assert he was not guilty and had not committed rape, arguing that because Gisèle Pelicot’s husband had allowed him into the residence, his conduct had been permissible.

The jury in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s unresponsive form, sedated and snoring in a comatose state, while a smiling Dogan committed rape on several occasions over a duration of what authorities reported was several hours. The court official said she had been at risk of fatal outcome by asphyxiation. The prosecution said there was no doubt that she had been unaware and had not consented.

Dogan's Claims

The defendant stated to the court the videos were simply “sex scenes” and disputed it was assault. 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 invited him to the house, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” Dogan stated to the court. “I proceeded because he reassured me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to hurt that woman.”

Pelicot's Words

Gisèle Pelicot, who was supported upon departing the trial each day by supporters assembled to stand with her, addressed Dogan in court: “You fail to comprehend. When will you acknowledge you violated me? It is unlawful to assault an unconscious woman. How could I have give you agreement? Not once.”

Gisèle Pelicot, seventy-two, became an global icon after she relinquished her right to anonymity 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 failure to take accountability showed that: “The shame remains. The public is perhaps in the course of that, possibly motivated by the societal understanding brought by the exposure of your case.”

Sie said the defendant's claims of blamelessness showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “gender-based power”. He said: “We need to change rape culture to a culture of consent.”

The prosecutor told Dogan: “For as much as you refuse to admit it, it’s not just a individual, it’s an entire unpleasant cultural framework that you are supporting.”

Biographical Details

The accused was originated from Turkey and at the age of five relocated to France, where his parent worked as a building manager. The court heard that his father was aggressive and that Dogan began smoking cannabis at the age of 10. When he was seventeen he was caught by authorities for selling narcotics and his parent evicted him of home. He was incarcerated in prison for trafficking in his young adulthood and had worked as a builder but had experienced periods of homelessness.

He was wed and had a son with a genetic condition, who he was the principal carer for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had frequent extramarital activities outside their union. His legal team said this was his method of dealing with his challenging existence. The defendant had stated to a evaluator that once a year he engaged in paid sex on his special day. His legal representatives informed the court he had arthritis triggered by the anxiety of the original case.