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A defendant was convicted on retrial of sexually assaulting Gisele Pelicot following she was rendered comatose by her then-husband – and was given his jail term extended to ten years.

Higher Court Case

Dogan, forty-four, an out-of-work construction worker, who had contested his first conviction last year, experienced a new trial this week at the Nîmes court of appeal.

A panel of five men and four women, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her bedroom in the south of France in the morning of June 29, 2019.

The evidence showed that Dogan, a married father, connected with the victim's husband at the time, the husband, in an digital platform titled “unbeknownst to her”, where the husband was recruiting men to enter his residence to assault his wife after he had drugged her into a comatose state.

We expect the court will declare that in this society, human rights are also rights of women – that consent is individual, not given by another,” stated the victim's attorney, her legal representative. “Consent is obtained directly and not by proxy from a husband.”

Background

The ex-husband, one of the worst sex offenders in modern French history, was sentenced to two decades in prison last year for drugging his then wife and soliciting numerous individuals to sexually assault her in her home in the Provence village of the village of Mazan over a duration of many years of their marriage.

Numerous other individuals were found convicted in a notable trial last year, and Dogan was the sole individual to contest his verdict. He was initially sentenced to nine years in prison, a punishment increased on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had argued he should serve 12 years, because he “absolutely refuses to take any blame”.

Testimony and Proof

Dogan had first sent the husband sexually explicit photos and then driven an hour from his village in the region to rape Gisèle Pelicot, after notifying his wife he was going out, the evidence indicated.

Pelicot, who was brought from segregation in prison to temporarily provide testimony at the retrial, stated to the court that the accused had been aware his wife had been “sedated” and he told to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a focus point for a larger conversation on societal attitudes in society as the defendant continued to claim he was blameless and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his behavior had been justifiable.

The jury in the higher court was shown visual proof of Gisèle Pelicot’s unconscious figure, sedated and breathing heavily in a unconscious condition, while a smiling Dogan performed assault multiple times over a period of what police said was three and a half hours. The court official said she had been at danger of fatal outcome by choking. The state prosecution said there was no question that she had been incapacitated and had not consented.

Dogan's Claims

Dogan told the court the videos were simply “sexual encounters” and disputed it was violation. He said what he did was “a sexual act”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I wanted to stop,” Dogan stated to the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I did not intend to hurt that woman.”

Victim's Response

The survivor, who was cheered upon leaving court each day by onlookers gathered to stand with her, told the defendant in court: “You haven’t understood. When will you admit you violated me? It is illegal to rape an incapacitated woman. At what point did I give you agreement? Never.”

The victim, seventy-two, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, addressing the victim in court, said the defendant's failure to take blame showed that: “Shame has not yet changed sides. The public is possibly in the course of that, possibly motivated by the public consciousness brought by the publication of your case.”

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

Sie said to Dogan: “While you refuse to admit it, it’s not just a woman, it’s an entire disturbing societal structure that you are endorsing.”

Personal History

Dogan was originated from Turkey and at the age of five moved to France, where his father worked as a caretaker. The evidence indicated that his father was abusive and that the defendant began smoking cannabis aged 10. When he was seventeen he was stopped by police for drug trafficking and his father kicked him out of home. He spent time in prison for drug dealing in his early 20s and had worked as a laborer but had faced periods of being unhoused.

He was wed and had a child with Down’s syndrome, who he was the primary guardian for, as his wife worked in a educational cafeteria. The court heard his wife did not know he had repeated sexual encounters beyond their union. His defence said this was his strategy for managing with his difficult circumstances. Dogan had told a evaluator that once a year he sought paid sex on his birthday. His attorneys stated to the court he had a medical condition resulting from the pressure of the original case.