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A man was declared guilty on retrial of sexually assaulting Gisèle Pelicot following she was rendered comatose by her husband – and was given his jail term raised to ten years.

Higher Court Case

The defendant, 44, an out-of-work construction worker, who had challenged his first conviction last year, underwent a new trial this week at the Nîmes court of appeal.

A jury of nine jurors, joined by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her bedroom in southern France in the early hours of 29 June 2019.

The testimony revealed that the accused, a married father, reached out to Gisèle Pelicot’s husband at the time, the husband, in an online chatroom called “without her consent”, where Pelicot was seeking men to enter his residence to assault his wife once he had sedated her into a deep sleep.

We trust the panel will say loud and clear that in this country, fundamental rights are also rights of women – that consent is personal, not transferred,” declared the victim's lawyer, her legal representative. “Consent is obtained personally and not by proxy from a spouse.”

Context

The ex-husband, one of the worst sex offenders in France's contemporary records, was sentenced to 20 years in prison last year for incapacitating his spouse and inviting numerous individuals to sexually assault her in her home in the Provence village of Mazan over a span of almost a decade of their union.

Numerous other individuals were found convicted in a widely publicized trial last year, and the appellant was the single defendant to appeal against his verdict. He was originally sentenced to nine years in prison, a punishment increased on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had contended he should serve twelve years, because he “completely denies to take any responsibility”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his town in Provence to assault Gisèle Pelicot, after notifying his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from solitary confinement in prison to temporarily testify at the retrial, told the court that the accused had known his wife had been “sedated” and he told to men by phone: “I want someone to abuse my wife after I’ve put her to sleep without her knowledge.”

The trial became a central issue for a wider discussion on sexual violence norms in society as Dogan continued to say he was not guilty and had not committed rape, arguing that because the victim's husband had invited him into the bedroom, his conduct had been permissible.

The panel in the Nîmes appeals court was shown recorded footage of the victim's unresponsive form, comatose and breathing heavily in a unconscious condition, while a smiling the perpetrator performed assault multiple times over a timeframe of what authorities reported was three and a half hours. The court official said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was no question that she had been unconscious and had not consented.

Defendant's Statements

The defendant told the court the footage were simply “sexual encounters” and disputed it was assault. He said what he did was “a consensual activity”, not assault. He declared the court: “I never raped.” He said the victim's husband had brought him to the residence, and therefore it was OK. He said he was manipulated by the husband. “I attempted to cease,” Dogan told the court. “I continued because he reassured me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I never wanted to injure that woman.”

Survivor's Statement

The survivor, who was cheered upon leaving court each day by crowds assembled to support her, told Dogan in court: “You haven’t understood. When will you acknowledge you raped me? It’s a crime to rape an incapacitated woman. When did I ever give you consent? At no time.”

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

Legal Commentary

The prosecutor, addressing the victim in court, said the defendant's refusal to take accountability showed that: “Shame has not yet changed sides. Society is possibly in the process of that, possibly driven by the public consciousness spurred by the exposure of your ordeal.”

Sie said the defendant's claims of innocence showed how rape culture was still common in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

The prosecutor addressed Dogan: “For as much as you deny it, it’s not just a person, it’s an whole disturbing social system that you are endorsing.”

Personal History

Dogan was originated from Turkey and at the age of five came to France, where his father worked as a concierge. The testimony revealed that his parent was abusive and that the defendant began consuming marijuana at the age of 10. When he was seventeen he was apprehended by police for drug trafficking and his parent evicted him the family house. He served time in prison for narcotics offenses in his early 20s and had worked as a construction worker but had faced periods of living on the streets.

He was wed and had a child with special needs, who he was the primary guardian for, as his spouse worked in a school canteen. The testimony revealed his spouse did not know he had frequent sexual encounters beyond their marriage. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had stated to a court psychologist that annually he engaged in transactional encounters on his birthday. His attorneys stated to the court he had a medical condition resulting from the stress of the initial proceedings.